Legal Question in Wills and Trusts in New Jersey

Although I live out of NJ, I was my mother's primary caregiver for roughly 12 years. About six years into that time she made me executrix of her entire estate (leaving each of my other siblings each 10,000). I was also made Power of Attorney, but never acted on that since my mother seemed to be of sound mind. In the past few months I have had many serious financial difficulties which prevented me from spending every weekend with her. When I didn't see her for a period of roughly 8 weeks, my other siblings flew from their out of state homes (two live nearby), changed my mom's phone service so I could no longer leave messages for her, sold all of her belongings, took her dog and gave her away, and coerced her into changing her will and POA. They never told me of those plans and instructed her not to share them with me. When I tried to see her in person, she was not available. How do I contest this development? I do not think she really wants to go into a home, but they are keeping her from speaking to me and I only found out their plans through a neighbor. I have years of evidence and proof that I was always her primary caregiver and the original will was in place for five years. Do I have to wait until she is deceased to contest these changes?

Asked on 5/14/10, 1:48 am

4 Answers from Attorneys

Amy Klauber Klauber & Klauber, LLP

You do not need to wait until she is deceased and, in fact, it is probably not in your best interest to do so. Please contact my office to schedule an appointment to further discuss these issues as I beleive that you need to act promptly. My telephone number is 732-663-1500.

Thank you.

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Answered on 5/19/10, 7:51 am
Rosemary Simon Hoyle Law, LLC

If you believe that your mother may be suffering from a lack of capacity, then an application for guardianship will need to be filed with the Superior Court of New Jersey (in the county she resides).

Many elderly people, as a result of aging, dementia, etc. are no longer able to make their own decisions or are extremely susceptible to undue influence.

As such, a guardian is appointed to protect the individual and make decisions upon the individualís behalf.

Within the guardianship application, you may request that the recent documents be voided.

As the other author advised, you should act promptly.

Best of luck.

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Answered on 5/19/10, 8:08 am
Walter LeVine Walter D. LeVine, Esq.

I agree that the probability now, for success, is to commence a guardianship proceeding, although you will need psychiatric reports to convince a Court, and this may be difficult to get since you are denied access to your mother. While you may also commence a suit to overturn what has been done, this will probably not be successful, unless you can establish that your mother has been defrauded out of her assets. I should caution you these are long, arduous, emotional and expensive proceedings, so be prepared. This is a response to an Internet question and the reply is for general information only, and is not to be considered as legal advice or as creating an attorney-client relationship.

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Answered on 5/19/10, 3:02 pm
Robert Davies The Davies Law Firm, P.A.

You should not wait. You should take action now, before she passes away. It sounds almost like they are making her into a prisoner.

Please call my office to make an appointment. This initial consultation for one half hour will be free of charge, and I will let you know what I believe I can do to assist you further.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/20/10, 7:52 am

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