Legal Question in Wills and Trusts in New Jersey
A Lawsuit and No Will?
My grandmom died and she was in the middle of a lawsuit, the hospital made some mistakes and she never made it out of the hospital, there's no Will, but while she was alive she had to name a person to handle her finances (person A), and another person to be in charge of the lawyer end, (my mother). Now that my grandmother died my mom says there is no Will and the lawyer wants to make person A and my mom administrator and co-administrator, which would be fine but my mom is sneaky and underhanded and I believe she will try and deceive everyone involved. I find it hard to believe she went through all that trouble for a will when she was alive but could not make one for her death. My question is does this sound correct, and is there's a way for me to find out if there is truly a Will?
2 Answers from Attorneys
Re: A Lawsuit and No Will?
It does seem a bit unusual that your grandmother would have had a POA and not have had a will prepared too.
I would send a letter to the lawyer and ask if he ever prepared a will for your grandmother, or if he is aware of any other will.
If you feel your mother is not qualified to act as administrator, you can contest her appointment...but you will have to have facts to back that claim up, not just 'a hunch' that she's sneaky.
Re: A Lawsuit and No Will?
While I agree with most of Jon's comments, I also think you may be confused between a Living Will (Health Directive) which covers health decisions only, and a true Will, which disposes of assets. If there was no true Will, the law provides who may apply to be administrator of an estate, and the usual order is spouse, children (which would include your Mom), parents, then grandchildren. The person(s) appointed are usually bonded and have fiduciary responsibility to properly and accurately report of all interested parties. Grandchildren do not usually participate in an "intestate" (dying without a Will) estate, unless their parent (a decedent's child) predeceased the decedent. Thus, even if your Mom cannot be trusted, you cannot expect anything from your Grandmother's estate, unless your Mom gives up her rights. This even includes any claims that may be continued on behalf of your Grandmother regarding the litigation you mention, presuming it is of a type that can be continued on her behalf by her estate.
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