Legal Question in Wills and Trusts in New York

3rd party beneficiary to a Power of Attorney Stipulation

A father appoints his oldest son POA. In the contract is a stipulation that he may transfer a piece of real estate owned by the father to himself, however if he does this, half of the real estate must be given to his younger brother. Older brother does transfer the real estate to himself but fails to transfer half to his brother. Father dies prior to revoking POA or voiding the contract. Is the contract voidable by the younger brother as a 3rd party beneficiary? What other remedies might he have


Asked on 3/05/09, 1:18 pm

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: 3rd party beneficiary to a Power of Attorney Stipulation

I would appear that the older brother has a constructive trust on the half that was conditionally owned by the younger brother.

If this is the case, the younger brother may petition the court to quiet title and correct the problem, or he may force its liquidation, or purchase of the other half by the older brother.

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Answered on 3/05/09, 1:48 pm


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