Legal Question in Wills and Trusts in New Jersey
my brother id executor of my mom's will and also has a durable power of attorney from my mom. this concerns my because my brother is less than trustworthy, in my opinion. my mom is under the impression that everything will be split 50/50. i question him because first he insisted my mom go and get a will and that he and only he accompant her. then i found out later that he got her to sign a DURABLE power of attorney which she bekieves gives him the athority to sign a check for her if she s unable or unavailable and there is no tellin her that there is a lot more involved' so i thought i'd start by finding out what kind of fee he can collect as executor. he tracks every penny he puts out fot her. i care for her, she is 85 and pay her $11,000.00 year ptoperty taxes, food etc. i would appreciate it if you could tell me are my fears ligimate? also, no one in the family has seen this will including my mother. i will appreciate ant direction you can give me. thank you so much, betty
2 Answers from Attorneys
From your description, it sounds as if he has "undue influence" over her - that is, he is, if not forcing, certainly somewhat controlling what she does.
Is your mother able to make decisions and take actions on her own? Do you live with her to care for her? Are there other family dynamics that might be a reason for her giving him the POA and appointing him as executor in her will?
You are right in your concern that your brother is able to do more with the POA than just to sign a check if she is not able to.
You need to consult an experienced estates lawyer in the county where your mother resides to sort this out and to advise whether there is anything you could or shuld do to protect your mother's interests.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
You have some real concerns, and I have handled many cases like this in the past. It is a lot easier to handle this now, while your mother is still alive. Give me a call (the call is free) and I will talk this over with you.
Robert Davies, Attorney 201 820 3460
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