Legal Question in Wills and Trusts in New York
incompetent signature
Mother was sick with cancer. I live in another state and was not present when certain documents were signed,i.e. deed to family home and title to vehicle.
Nine days prior to her death, according to Hospice personnel, friends and other family member she was not lucid enough to have signed her name. My uncle's wife had medical power of attorney and had my mom sign everything over to her. What legal action can my younger sister and I take?
2 Answers from Attorneys
Re: incompetent signature
I agree with Ms. Rudansky. Where (GA or NY, or other) did your mother live?
Re: incompetent signature
Have you seen the deed? Was it signed by your mother or someone signing for her with a power of attorney? In your Post, you indicated that your aunt had a medical power of attorney. That seems to have no bearing on the facts. Did she also have a power of attorney for business and legal matters? I would also be curious to know if your mother left a will and what it said. This would show what her intent was at a time that her mind was lucid.
All that aside, if your mother did not have the proper capacity to sign those documents, then those conveyances can be voided through court action.
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