Legal Question in Elder Law 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 11/10/13, 7:20 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Yes you need to file a Petition for Guardianship in the Supreme Court of the county where dad resides. The court will review the facts and circumstances and require your step-mom to account for her actions and then decide whether those were legitimate or not. If not, the court will appoint a guardian and reverse those transfers.

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Answered on 1/22/14, 7:16 am


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