Legal Question in Real Estate Law in New York

real estate

my 75 year old divorced mother of 4 children moved in with a son and wife who reside about 6 hours from where her home was. Her daughter in law that she lives with made arrangements with real estate broker and lawyer who practiced in the county where my mothers house was. House sold and proceeds deposited into bank account of son and daughter in law she lives with. Instead of MOTHER'S ACCOUNT. The deed was in only mother's name. Next day after sale, daughter in law with drew $ 120,000 and payed her mortgage IN FULL. When siblings inquired about this transaction,and whats to happen with rest of money, we were told, by lawyer,that HE was instructed by son she lives with to PUT IT INTO HIS ACCOUNT. Now when we call there,we get answer machine, and the DO NOT answer phone calls. We have to LEAVE a message to have MOTHER call back. I have a ''Dual power of ATTORNEY'' with this same son she lives with, and was NOT consulted on this decision. WHAT ARE MY LEGAL OPTIONS NOW? I was not asked to attend the closing, and lawyer was authorized to represent her at the closing.?


Asked on 4/27/08, 12:26 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: real estate

If the 75 year old mother is in her right mind and was not forced to make the transaction, there is little for you to do. A person has the right to gift money in any amount to any individual or entity.

Based on your question, it seems that there was a deal made between mother and son that mother would give money to son in exchange for son to care for aging mother.

Mike.

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Answered on 4/27/08, 2:39 pm


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