Legal Question in Family Law in New York
Husband Unduly Influenced by his daughter and sister
Hello:
My mother is 57 years old and has been married for 15 years. Her husband is seventy years old. He has been on dialysis for about 7 years and is not getting any better. His social security check has been going into a joint account for several years and until recently he and his daughter had stopped that and had his check deposited into his account. He argues that she ''mom'' had not slept with him in seven years. Her response is that he is on Dialasys 3 times a week and he is too sick. His reponse is ''there are other ways''. His daughter had never been in the presence of my mom and until recently she has been comming over while my mom is at work. My mother was over my house this weekend and was very suprised when arrived home and found out the house had been sold. He want's her to sign the papers to he can sell. He is offering to give her 40% of the sale because he said that he had the house longer. Can my mother do something to take control of his assets because his family knows that he is ill and is trying to gain financially while he is still living. The know that my mom will get everything in the event that that he dies. Should she sell the house?.Could she commit him?.
1 Answer from Attorneys
Re: Husband Unduly Influenced by his daughter and sister
You raise several issues, but the biggest is apparently the possible sale of the house. You say that the "home was sold" but also that your mom's husband wants her "to sign the papers so that he can sell", so the situation is unclear. Your mom's rights to the home are determined by when and how each acquired aninterest, if not by deed together as husband and wife. If her husband is incapable of handling his affairs, she can petition for Article 81 guardianship. Again, however, the situation is unclear because you give conflicting information about who is doing what.
Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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