Legal Question in Elder Law in New York

Re: Mental Competency

You are confusing me because I don't know whose Will you are talking about being changed, and you already said a deed was recorded transferring the house to you and your husband. Only a person who has made a Will can change it. You cannot change the Will, whichever one you're talking about, nor can your step-sisters.

Good luck.

Rick Bryan

New York, NY

Re: Mental Competency

When you say the deed was changed - if it was deeded to you and your husband, then it is no longer able to be included in grandma's estate. If you mean it was deeded to her and her husband, you may have an issue. Doing or redoing a will requires a rather low level of capacity. If she knows who the natural objects of her bounty are and the nature of the document she is signing (that it is a will) and that she is disposing of her property, she likely has testamentary capacity. That being said, there may be some undue influence going on. If you feel there is the potential for exploitation, you may wish to consider guardianship. She may or may not have the higher level of capacity needed to do a power of attorney. An experienced attorney would need to make that call. However, even if she does, that may not be the best bet, because she can just as easily be influenced to revoke it.