Legal Question in Real Estate Law in New York
legal owner of house
My mother is sick now she has alzheimer's disease but before she was ill she signed everything over to me. I have owned my house for over three years and was planning on moving out of state with my mom. My brother is claiming he has a right to money and my mother. I have been careing for her for the past couple of years and in her living will and health care proxy states me to deal with all of her affairs. Does he have any legal grounds to try and take my mother out of my care or to take my profit from my house?
2 Answers from Attorneys
Re: legal owner of house
your brother might try to claim undue influence so that you must protect yourself. you should consider filing a guardianship petition. you can call me at 516 466 5297 for a free consultation.
Re: legal owner of house
If your name appears on the deed, it is yours. If not, it belongs to your mother. Without a will, all her children will spilt it accordingly to statute...if there is a will, it controls.
As to the rest, your health care proxy should be valid. To do any more, he would need to go to court to have himself appointed guardian.
How do you control the money that he wants?
Good Luck
RRG
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