Q: Can a PoD designation ever be reversed or nullified in the state of New Jersey? If so, how?
My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a computer even if one were available to her. She was quite ill and subsequently became very depressed after he filed thru the court system for a divorce which was pending at her demise. She was unable to function normally. In her will she disowned him and left him nothing. As newlyweds 10+ years ago, she had named him as PoD on her bank accounts and life insurance policy. She was not able to reverse these designations due to frequent hospitalizations for her illnesses and her mental issues (bipolar debilitating depression) for which she was also being treated. Is there any way to prevent her very absent, non caring spouse from obtaining the funds in these accounts?
A: Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a retainer to a lawyer ( which I presume will cost you at least 7500 upfront).
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