Legal Question in Civil Litigation in New York
What Action is Appropriate?
In an action to recover deceased 86 yr old mother's estate. Strokes in 2005; dementia/Alzheimer diagnosis '07. Progressive paranoia/hostility to me. In '04, her 79 yr old friend/business partner moved in to recuperate from illness then stayed. 12/06: 2 wks after mother in hospital (AMS), she gave 1/2 house to him; she had delusions re: me based on his lies (undue influ). In '07, she gave him POA & HCP. POA used to transfer bank accts from mother's name (1 joint w/me) into his accts. 2/08: new deed transferred 100% of house to him. Forensic doc examiner: mother's signature on deed forged; it was witnessed by a notary, the man's friend. 6 days later: attorney (solicited/instructed by notary) who drafted deed witnessed the man's signature; the man put $257K ITF the notary; made her his beneficiary; gave her his POA & HCP. Can I bring any civil action against the notary; if so, what? Y? Because current action filed in Surrogate's Court so can't recover damages/costs in current case; notary's actions caused significant distress & hardship; to discourage notary from doing this to others. Current attorney deferring fee (I have no $) but no experience w/fraud. Suggestions would be deeply appreciated. Nassau County, NY.
2 Answers from Attorneys
Re: What Action is Appropriate?
Your matter should be reviewed by counsel. Get an appointment ASAP.
Re: What Action is Appropriate?
Yes. You can bring an action against the notary for fraud. Statute of limitations for fraud is 6 years from date of fraud. Therefore, you should wait until there is a Court decision on whether the signature was forged before commencing the action.
Mike.
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