Legal Question in Wills and Trusts in New York

Re: Administrating Real Estate

If the house was in New York State and you believe that the transfer of the house was done through the undue influence or fraud of your sister and/or your father was not of sound mind when he did so, then you must contest the transfer either in Surrogate's Court or Supreme Court. However, you should do so as soon as possible, including the filing of a "Lis Pendens", to prevent the sale or mortgaging of the property. Please contact my office directly if you would like to discuss your situation further.

Re: Administrating Real Estate

Is this actually an administration (no Will) or a small probate (a Will but nominal assets? You had the right, unless you waived it to the Surrogate, to also be appointed as an administrator. I suggest promptly retaining a good estate attorney and both contesting the appointment and suing to have the Deed and other transfers undone, based on your father's incapacity (you will nned to prove this by medical testimony and may have to get his doctors involved). Not having seen what you received, I suggest you contact the Surrogate for more information and also to notify the Surrogate of what is going on and to get the forms necessary to stop this until you start your own suit to straighten things out. I should caution you that this type of litigation can be time consuming and costly, but it is possible that once started it can be settled - saving time and expense.