Legal Question in Wills and Trusts in New York

My Lovely Family

My sister has been taking care of my mother since my father's death 16 years ago. My mother has started to show definite signs of dementia and has been diagnosed with Alzheimer's disease. My mother also has narcissistic personality disorder, but not formally diagnosed (she likes to cause chaos, lacks empathy, and generally speaking: not a great dinner guest).

I believe my sister deserves a medal or beatification for putting up with her and helping her out all these long years.

As of a couple of days ago, my brother called the police on my sister for ''kidnapping'', which is hilarious because, well, where is she going to take her? And more importantly- who the h#$& wants her!

Shortly prior to this, my other sister has been working my mother over with statements that my ''good'' sister is having her phone line tapped and is stealing her bonds, etc....(all totally untrue).

My mother goes on board with evil bro and sis and is now in New York State having a new will drawn up tomorrow that excludes yours truly and my decent sister who has been taking care of my mother. Here's some irony: my sister finally managed to convince my mother to put my brother onto the will as


Asked on 7/16/07, 4:02 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: My Lovely Family

I don't know what the value of the assets are that are involved, but if they are substantial you and your sister should sue in NY to establish a conservatorship with your sister as the conservator. If you need a referral let me know.

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Answered on 7/19/07, 11:23 pm
Scott Linden Scott H. Linden, Esq.

Re: My Lovely Family

There are a number of issues all over the place. For starters, if your mother is already showing signs of dimantia, is she even able to comprehend what a will is and what the effect of signing a new one will do? In which state is your mother a resident? Siblings? You?

Our office may be able to assist, but there are a NUMBER of additional facts that we would need.

Please call our office to discuss your situation, I think one of our firma partners, Attorney Anthony Grossman would be best suited for your situation. Please call the number provided by Lawguru or contact us through our website, No-Probate.com, to dicuss your situation further, off the public discussion board.

Scott Linden

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Answered on 7/16/07, 5:54 pm
George Shers Law Offices of Georges H. Shers

Re: My Lovely Family

Your sister should not let people walk all over her; what is happening to her often happens to overly generous, nice people. The advice you have received from the other two attorneys is good. But your sister should seriously consider playing her ace in the hole card [although she may be too co-dependent to do so]; if she is going to be stabbed in the back then someone else can take care of mom or she has to be paid a reasonable rate for taking care of her and for at least some of the past treatment. Why save money for the two evil siblings?They are not going to change.

Frankly, it is probably best for your sister to live her own life; she should speak to some experts in similar situations with elderly parents. Once your mother's mind goes to the point that she does not know who is taking care of her why should your sister sit through the anguish of daily seeing that?

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Answered on 7/21/07, 11:37 am


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