Legal Question in Wills and Trusts in New York

elder care about potential inheritence

mom died 6/24/04 left no will i am oldest daughter with only one sibling father has had no interaction with me due to brothers influence just received a form letter of administration for my dad apparently mother received money from sister who died l year before her. dad has had cancerous brain tumor removed and has confided to granddaughter that it returned 1 year ago. he is making seriously bad financial decisions fueld by my sisterin law end result is $750,000 should have gone into my mothers estate from her sister, instead my dad settled for $30,000. since most of their property valued at close to 2 million from real estate was joint he now owns this solely i understand he can giveit away to whoever he choes and i can do nothing. my brother has brought him to the family lawyer and made a will leaving everything solely to my brother. father is clinically depressed since my moms death brother will not take him for help in this area and due to privacy laws i cannot seek medical info on him m all i do is watch my future inheritence disappear + watch my dads personality change probably due to brain tumor I was primary caregiver to them for 55 years last 9yrs bros family ignored parents completely mom hated bros wife


Asked on 4/02/05, 12:11 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: elder care about potential inheritence

If you can establish Dad is incapacitated, you could consider being appointed his Guardian. This could give you rights to do a new Will and/or Medicaid planning for him. I suggest you contact a good, local elder-law attorney to review these matters. You might also, if anything happens to Dad, consider fighting the Will on grounds such as incapacity, undue influence or other available grounds.

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Answered on 4/02/05, 12:16 pm
John O'Donnell Attorney at Law

Re: elder care about potential inheritence

There may be several grounds upon which the Will may be challenged. If successful, you would be entitled to share in your father's estate. You cannot challenge the Will, of course, until such time as your father passes away.

In the meantime, if you are concerned about your father's well-being, you may consider your appointment as his legal guardian.

If you decide that you need an attorney, please feel free to contact me (718-491-3345).

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Answered on 4/02/05, 2:24 pm


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