Legal Question in Real Estate Law in New York
Real Estate/Family
How can a wife proceed when her home is in her husbands name, who tried to commit suicide and is now in a mental hospital? Can she get equity from the home, ask the bank for help? Any suggestions please.
Asked on 8/25/08, 5:11 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Real Estate/Family
Does the husband have his faculties and is he competent to sign a document? If yes, you may want him to sign a durable power of attorney giving power to the wife. This will allow wife to make business decisions on behalf of the husband.
If the husband is not competent to sign a document, you would have to commence an Article 81 proceeding to have the wife be deemed the guardian for the husband. As a guardian the wife will be able to act in the husband's interest.
Mike.
Answered on 8/25/08, 5:33 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
