Legal Question in Wills and Trusts in New York
Father's property
My oldest brother has been caring for my father for a year and a half. He has not worked in 2 years. Last July/August my father had signed over his house and all that he owns to my oldest brother. My father still thinks he owns his home. He has dementia. My oldest brother has made alot of changes to my father's bank accounts and has acquired everything that my father had owned. Now that my brother owns this property and it is in his name, can the remaining children contest this action once my father passes away? Is my brother obligated to inform us of any actions he takes regarding my father and his health? Due to my brother owning the house can he keep other siblings off of his property and not allow them to see our father? My brother meets siblings at the door and controls who sees my father. The phone is still in my father's name but an answering machine picks up first ring and my two sisters are NOT allowed to have contact with dad due to my brother not getting along with them. There is very little we can do as we have been to elder care and my brother has covered his tracks somewhat by not being honest and telling lies to cover his neglect with my dad. Is there anyway my brother can be stopped?
2 Answers from Attorneys
Re: Father's property
The starting point on the answer to your question is normally what law controls, e.g. which state has jurisdiction. If I am reading your information correctly, your father is presently domiciled in New York State. If that is a correct statement, or if your father is here in WA my answer stands. That said, I am not licensed in NY and have no ability to offer an opinion as to NY law or practice.
Tomorrow morning first thing, you need to pick up the phone or get on the internet and find the agency called Adult Protective Services in the county/city closest to where you think your father is. You need to tell them exactly what you have said here.
It is a crime to take advantage of an elderly person who is not competent.
If your father is in WA state, go to www wsba dot org, and look up Margaret Dore in the lawyer directory. She is in Seattle. She is the best there is when it comes to the lawyering of caring for someone who is no longer competent and whose finances are being destroyed by an unscrupulous fiduciary.
You are wrong, there is a LOT you can do. Start with APS. Make a report. Detail the financial abuse of trust. Then, lawyer up.
Elizabeth Powell
Re: Father's property, continued
If your brother is stealing from your father you have to be able to prove what you say. Some of those documents are public record, such as the deed to the house. Go get it. Prove your point to APS about the abuse.
You can send the police to do a welfare check. You can send a PI do check on your father under some pretext.
You are describing a seriously bad situation. For your father's sake, push on and get the answers and get this fixed. You can ask to take control of the issue if your brother has mishandled things.
Hope this helps, and I hope you act first thing tomorrow morning.
Elizabeth Powell
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