QUESTION

How do you get power of estate?

Asked on Jun 20th, 2014 on Trusts and Estates - New Jersey
More details to this question:
I have full power of attorney from the Department of Veterans Affairs VA ADVANCE DIRECTIVE DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND LIVING WILL How is possible that someone has power over my fathers estate?
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1 ANSWER

Robert Barnhill III
The documents you listed are only effective while your father was living. The moment he passed away all of the documents became void. Someone filed  an application for probate  and was appointed executor, if there was a will, or administrator, if there was not a will. Once appointed  as executor, the person has the ability to handle all  financial matters of your father's estate. Since your power to handle your father's affairs ended at his death, the court was able to appoint someone else to handle his affairs after death. All probate  matters are of public record,so you will need to go to the county court where your father was living when he died and look at the probate records  to see who was appointed  executor. Since I do not practice in New Jersey, I am giving you the law that applies  generally, so I recommend you asked someone who practices law in New Jersey  for specifics on how New Jersey handles  probate.
Answered on Jun 20th, 2014 at 3:58 PM

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