Legal Question in Elder Law in New York

Elder Assistance

Our dad is 84 yrs old and had a piece of real estate property in his name for over 30yrs. He has 6 children and unfortunately, one of the siblings coerced our dad into signing the property over to her. This is not want our dad wanted! To make a long story short, we recently learned that the property could be sold. We (siblings) are trying to seek legal assistance in determining what options he has to intercept or perhaps delay the transaction until further investigation. This has really devastated our dad :(


Asked on 5/30/08, 7:51 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Elder Assistance

Under the Mental Hygiene Law (MHL) the deed transfer can be voided after the court finds your dad is an "incapacitated person." You would have to file a Petition and Order to Show Cause to start the ball rolling under Article 81 (the Mental Hygiene Law); everyone in your family gets served the papers, and then there's a hearing. If your dad consents to the appointment of a guardian it will be easier. Then the court will appoint a guardian of the person and an guardian of the property (which may be the same person). Then, the guardian will look into the facts and circumstances of the deed transfer and determine whether to ask the court to sign an Order revoking and voiding the deed transfer to your brother.

There may be other avenues to having the deed transfer voided, but I am an elder law attorney and not a real estate attorney, so the Mental Hygiene Law procedures are the only ones I know.

Good luck.

Rick Bryan

New York, NY

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Answered on 5/31/08, 11:24 am


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