What to do when Parent Dies without a Will

Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: Power of Attorney

My father passed away without a will and without any one given power of attorney. My siblings are in agreement as to who should be given power of attorney in handling my father's estate which consists of a life insurance policy and a house in Villas, New Jersey, I would like to know can this be accomplished by way of obtaining any forms and filing them with the state, because the insurance company that my father had home owners insurance with will not divulge any information pertaining to the policy and we are trying to determine if he had mortgage insurance so we can better determine what we can do about the house.

Thank you,



REPLY:
Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: Re: Power of Attorney

Once a person has died, a Power of Attorney is no longer effective. You need to get the estate Administered by making an application with the Surrogate's Court. A waiver will need to be signed by each potential Administrator. Once the Letters of Administration have been granted by the Surrogate, you can present the Certificate to the Insurance Company, Mortgage Company, and Banks to get the money available in the accounts. I would be happy to assist you if you have further questions.
Ron Cappuccio www.saveyourestate.com
856 665-2121

What Happens if my Partner Dies Without a Will?

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=617015055
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Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: significant other died intestate

a few weeks ago, my significant other/cohabitant of 13 years died unexpectedly. there is no will known, however, his intentions and wishes were made clear to his brother, employer and friends--these being that he intended to write a will where his son would receive $1 and i the rest of the estate. this one adult son whom he essentially disowned years ago was already looking for 'his due'before the body was cold. it has been suggested to me that i have a chance under 'palimony' since nj doesn't recognize common law--is there any validity here?? thank you.


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=634613038
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Category: Probate, Trusts, Wills & Estates
Location: NJ
Subject: Re: significant other died intestate

I am sorry for your loss. Unfortunately, the failure of your partner to have an appropriate estate plan has left you without many options. A Will and Trust could have assured that your partner's wishes were carried out. You should check with a lawyer, but keep your expectations low. If you or any friends in similar relatinships have an opportunity to plan, legal advice should be obtained immediately. Please see my website http://www.saveyourestate.com

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