Legal Question in Wills and Trusts in New York

power of attorney

My dad passed some years ago and the house was left to my sister with a living estate for my mom. She suffers from manic depression and my sister has power of attorney over all her affairs. Can my sister change the living estate clause so the house can be sold and she can move with my mom to a different state.


Asked on 2/21/05, 11:29 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: power of attorney

If the POA so authorizes this she can.

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Answered on 2/21/05, 12:14 pm
Walter LeVine Walter D. LeVine, Esq.

Re: power of attorney

Is your Mom incompetent? If not, she can consent to allow the house to be sold by your sister, just by signing a new Deed to your sister eliminating her life estate. If she is incompetent, a Guardian would need to be appointed for Mom, and a Court can allow the house to be sold, and the life estate contingency terminated. As long as your sister will provide for Mom, this should not be a problem. Of course, if the Power of Attorney allows the change in Deed, that would be the simplest. Not having seen nor read the PA, I cannot tell you if the language will allow for it. In any event, a new Deed is the cleanest way of doing it, if Mom ia able to sign it.

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Answered on 2/21/05, 1:28 pm


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