Legal Question in Wills and Trusts in New York

Properties are controlled by someone other than the holder of the will, what to

My grandmother has a will written when she was still healthy, but now she's 82 and does not seem mentally sound. My aunt who lives close to her has taken control of all of her assets and properties, even though she is only one of the four beneficiaries (my dad is one of them but he's deceased and I am the next of kin) in the will.

She plans to sell my grandma's house and pocket the proceeds before she passes away. Is there anything that I can do to stop it, or at least get what I am entitled to?


Asked on 4/24/05, 1:36 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Properties are controlled by someone other than the holder of the will, what

You do not say by what authority your aunt has taken control. Does she have a Power of Attorney or has she been appointed legal guardian? If she is acting on her own, she has no rights. If she has legal authority, she is acting as a fiduciary and has a requirement to report to the courts. You can sue for an accounting of her activities and also to impress a constructive trust on the assets. If she has acted improperly, her authority can be terminated by the courts, she can be surcharged for any funds improperly taken or spent, and someone else appointed in her place. I suggest contacting a local attorney to assist you.

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Answered on 4/25/05, 10:38 am


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