Legal Question in Wills and Trusts in New York

I believe my father's wife(step-mother) has transfered most of my father's funds into her and my half brother's name. My 82 yr old father is not of sound mind and hasnt been for years. They have been married for 28 yrs, she is 20 something yrs younger then him. He is unaware of what is has done and she has durable power of attorney.

Can i do anything to expose what she's doing? Help!!!


Asked on 11/09/13, 2:04 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

This requires sophisticated litigation and is difficult to establish when the marriage has been so long. Guardianship application may be required, as well as litigation for an accounting. Undue influence, one of your possible claims, may be hard to prove, when Medicaid planning may be involved. Facts on your relationship with your father and his wife need be evaluated also. I suggest you gather your facts and consult an Elder Law Attorney to evaluate any possibe claim you may have.

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Answered on 11/09/13, 2:17 pm


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