Legal Question in Elder Law in New York

My birth father died, his will that stated his wife would be left the estate and on her death the estate would be divided equally between 6 children 3 by birth 3 by marriage . The problem is that the wife now has dementia and her oldest daughter has quit her job to stay home and care for her including her finances which include writing her self checks and having the mother sign . Is there anything we can do so she does not go though all the funds at her discretion and her benefit . Not what my father intended. Thank You much

Asked on 5/29/17, 12:21 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

The answer depends on how your dad set up his estate plan. And also whether your step sister is taking advantage of the situation. This isn't really a case where you can take action on your own. You'll need to see a lawyer in person and let him or her review the facts and circumstances and perhaps begin a guardianship proceeding. It's a tough situation and there may or may not be a solution.

Good luck.

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Answered on 5/29/17, 6:35 pm

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