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Junior Member
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I have an elderly relative who lived in New Jersey for the last 30 years. He suffered a stroke and needs skilled nursing care. I moved him to a Nursing home in Illinois, since that is where he is from and he has many friends and relatives there.

He has a will and I am his POA. Both these documents were drawn up in New Jersey. Now that he is in Illinois, do I need to find a lawyer there to modify the will and POA to conform to Illinois law?
 
Posts: 1 | Registered: February 11, 2007Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of Moms_Buddy
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Welcome, pakman.
Yes, I think you do since your relative is no longer a resident of NJ, he now resides in IL, you pay his bills in IL and his will will be probated in IL, correct? Does he still own property or a home in NJ? Have any bank accounts in NJ?

Best to take the documents to a lawyer in Illinois and ask for his/her opinion. It might not be necessary to retain an eldercare specialist, but it wouldn't hurt to consult one - that way, there can be no misunderstandings, etc.

Best of luck. Smile




"She ain't heavy; she's my mother."
 
Posts: 3056 | Location: SE LA | Registered: August 12, 2004Reply With QuoteEdit or Delete MessageReport This Post
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Hi pakman:

I have the sort of the same situation.

I think you are best to speak to an attorney for advice.
My mom also lived in Nj for 40+ years before moving to PA. She still owned the house in NJ when she died, but was renting it out.

Her will was probated in PA where she was living, but "supposedly" did not owe anything to PA, so there were zeros all over the forms. I don't believe any probate happened in NJ. The executor(my bio bro) wrote a letter to the accountant handling the estate in PA that she did not actually reside in PA, but in NJ was was living with him since she was ill. The accountant did not know about the NJ house being rented. He lied so he did not have to pay PA the 4 1/2 percent inheritance tax, I believe. I did not know my mom's finances, since I believed it was none of my business and my bio bro would not tell me anything when I was trying to get her services. Supossedly all her accounts were in NJ.
But I was told that only the house in NJ is the only thing that can go to probate. I believe he put his name on all those accounts after he go the POA
Good luck and my best wishes for your loved one.
 
Posts: 12 | Location: Pennsylvania and New Jersey | Registered: November 14, 2007Reply With QuoteEdit or Delete MessageReport This Post
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