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Jennifer358 Asked April 23, 2024

Guardianship NJ.

My father passed away unexpectedly. No Will or POA. He was the primary caregiver for my Mother who has Dementia/ Primary Progressive Aphasia. I offer her 24/7 care. Two Drs have deemed her incompetent over her personal finances. Is guardianship over my mother required to close out my father’s affairs? I am not sure if I should retain a lawyer for both.

AlvaDeer Apr 24, 2024
You retain one attorney, a Trust and Estate Attorney. This person can open an estate that was a death while intestate. An administrator will be appointed by the court. That can be you. This attorney will guide you in getting emergency guardianship if required.
You will, yes, now need guardianship to act as your mother's caregiver, and if there are assets here then a caregiver contract should be done for shared living expenses, help with mortgage or living costs in housing, food, transportation, and etc. The attorney can set this up as well.

If you will do some of the leg work here and work WITH the attorney this will be less expensive. If you want them to do it all it will be less. You can also consider using a probate attorney. Interview one of each.

So one attorney. Don't attempt to get your own EIN for the Estate or make any moves other than to go to the attorney as soon as you have your death certificates. This whole matter may be taken care of quite easily

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