Legal Question in Elder Law in New York

Re: Can I Sue My Brother?

Yes, you have a chance to win a lawsuit against your brother, but that chance is so small as to be almost zero. First of all you're going to have to convince your co-guardian (who is probably a lawyer) that your lawsuit has merit and you have evidence which would enable the guardians to prevail. Then you're both going to have to go back to the judge to get an Order allowing the co-guardians to hire an attorney to pursue the case, so now you have to convince the judge this isn't some personal grudge you have against your brother. And even if you get past all that, you have to now file a lawsuit and win the case. So yes you have a chance, but it's like climbing Mt. Everest by yourself. From start to finish, you may be talking about legal fees of $20,000 to $40,000 and 3 to 5 years of litigation, which is to come out of your mom's assets, and you don't even have a clear chance of winning. If you were the judge, would you approve this scenario?

Good luck.

Rick Bryan

New York, NY

Re: Can I Sue My Brother?

with your power of attorney you can sue your brother. A power of attorney should not be abused in any fashion.

A power of attorney should also state what the powers of your brother were.

But in any event, he cannot use those powers to benefit himself or others.

However, your mother might have enjoyed her daughter-in -laws company. Therefore the money used for transportation might have gone to the benefit of your mother.

Talk the matter over with the co-guardian, you would probably have to work with him in this matter anyway.

Remember, if you sue your brother or his wife, you might as well forget ever talking to him agan.