Legal Question in Wills and Trusts in New York
My father's will states that assets in my father's name are to be distributed equally between myself and my sister. My sister has since transferred all of his bank accounts into joint accounts wtih her name, and designated herself the sole beneficiary of his IRA with substantial funds. My father has dementia. She is an attorney, and my father is a retired attorney, so she did this all herself. She says he understands but his intent has always been that we divide the assets equally. She does most of the caregiving and is providing very good care, but she has always resented me, plus she does not like a man I am involved with and is afraid I am going to marry him. She says she will "look after me", after his death, as if I am her child. What are my legal options? She is the executor of the will; I believe I am the co-executor.
2 Answers from Attorneys
If she has changed beneficiaries of accounts, then the will doesn't come into play at all. You need to get yourself an attorney immediately, if you think your sister is using undue influence on your father.
This probably will require litigation which can be time consuming and costly. This may also be an ethical violation actionable against her. I suggest retaining a strong estate litigator, but be prepared for long and arduous litigation.
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