QUESTION

my g/friends father is in a v/a hospital and his other daughter is selling off his belongings and putting his home up for sale before he passes away

Asked on Apr 09th, 2012 on Wills and Probate - New Jersey
More details to this question:
there is a will that devides it into thirds. since he hasnt passed on yet what can i do to stop her from selling things off and protect myself from losing my inheritance ? and is that concidered contesting the will even though hes still alive ? ty in advance for any input you could provide
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You can't challenge the will until after he passes, but you can challenge the authority by which the daughter is selling everything now.  Why is she doing that?  Does he need money for his care?   Does she have a Power of Attorney that allows her to sell real estate?  Where will she keep the proceeds from the sale?  these are all questions that you have the right to know the answers to and can demand those answers from the daughter who is selling assets.  If she does have a Power of Attorney, you have the right to demand an accounting and should do that in writing, certified mail.  also get a copy of the POA and if there is no POA then find out how the daughter is liquidating things.
Answered on Apr 10th, 2012 at 12:22 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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