Legal Question in Family Law in New York
I live in New York state. My father gave me and my 2 brothers upon my mothers death, survivor ship rights by putting us on the deed. I currently live with my father, one brother and my stepson who moved in with us a year prior to my moms death when I was taking care of her in home for the last year of her life. My other brother lives next door to us, both homes are owned by dad with the three of us on both deeds with survivor ship rights to both homes. He also put the three of us on his life insurance policy as beneficiaries. A year and half after moms death he added my stepson to the life insurance policy as a beneficiary. Behind my back my stepson continually pushes my father who is 75 years old to support him financially by giving him money continually. I have documentation that my stepson convinced my dad to purchase a scooter upon him talking him into co-signing for a motorcycle loan (something my father would never do for anyone all of his life). I don't want to set my father off but I believe this is getting out of hand with my stepson. My father gives nothing to any of his other grandchildren of which he has 6. What options do I have? What should I do?
Survivor in New York
2 Answers from Attorneys
You will not like this answer: You can express some disapproval to your stepson about his actions and your father. That's all.
Your father is entitled to give what he wants to whoever he chooses to.
In other words, unless your father is mentally incompetent, he can give (or not give) anything he wants to you, your stepson, and / or his grandchildren.
Keep in mind that many people don't have the benefit of parents that are alive or the benefit of being made joint owners of their property. Consider yourself lucky.
If your father is incompetent you can apply for guardianship in the surrogate's court. Otherwise he can give his money and property to whomever he wants.
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