Legal Question in Elder Law in New York

Sweetheart Scam

My 87 year old Uncle is caught in a textbook sweetheart scam. My father is his durable power of attorney. Long story short, my uncle agreed to having my father's name added to his brokerage account and on the deed to his home. My parents have known my uncle for over 65 years. They are relatives and the best of friends. My Uncle had been lying about the nature of his ''friendship'' with this young woman. She told him their friendship is nobody's business but theirs. She lives in another state and their friendship consists of two scheduled phone calls per week. She went to visit my uncle in New York last week, and we have reason to believe she took him to her attorney to change his will. She told him he didn't have to tell my Dad or his current attorney. She has now convinced him that she is the daughter he never had. He is so lonely and vulnerable that he will believe anything she says. She has written scathing e-mails to my Uncle in an attempt to alienate him from his family and true friends. But my Dad and Mom continue to help him because it's the right thing to do. Can my uncle prepare another will leaving her as beneficiary? Can we stop her from scamming him?


Asked on 7/17/09, 11:37 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: Sweetheart Scam

That's tough. If your mom and dad are not going to take action it's unlikely you are going to be able to do anything. If your dad is joint tenants with rights of survivorship on your uncle's investment accounts and real property, those assets don't get passed via the will anyway.

Sorry I can't be of more help; perhaps someone else will have better advice for you.

Good luck.

Rick Bryan

New York, NY

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Answered on 7/18/09, 12:51 am


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