New Jersey Statutes 3B:31-15. Representation by fiduciaries and parents
Terms Used In New Jersey Statutes 3B:31-15
- Child: means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. See New Jersey Statutes 3B:1-1
- Decedent: A deceased person.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Trustee: A person or institution holding and administering property in trust.
To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
a. a guardian of the property may represent and bind the estate that the guardian of the property controls;
b. a guardian of the person may represent and bind the ward if no guardian of the property has been appointed;
c. an agent having authority to act with respect to the particular question or dispute may represent and bind the principal;
d. a trustee may represent and bind the beneficiaries of the trust;
e. a personal representative of a decedent‘s estate may represent and bind persons interested in the estate; and
f. a parent may represent and bind the parent’s minor or unborn child if a guardian for the child has not been appointed.
L.2015, c.276, s.1.