Legal Question in Wills and Trusts in New York

My father died in 2002, his 2nd wife put her name on the house in 1998using a power of attorney. She now wants to give the house to her daughter. Is there anything I can do to either get the house or keep her from doing this


Asked on 2/17/11, 9:14 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

If you can establish that the second wife misused the power of attorney and signed a deed without permission from your father or contrary to his wishes, you can have that deed canceled. That would reinstate the preceding deed and the distribution of the house would be governed by the preceding deed, follow the instruction in his will or by the rules of intestacy.

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Answered on 2/17/11, 9:22 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Norman, but there may be issued of the time delay in raising this claim - Statute of Limitation and/or laches. More facts may be necessary for a better reply; such as, why you waited so long after your father died to raise the issue. Plus, I have not seen the Deed and the language she used to add her name, nor have I seen the POA as to what authority she was given. These documents need to be reviewed by an attorney and may lead to other rights you may have. .

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Answered on 2/22/11, 9:06 am


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