Legal Question in Wills and Trusts in New York

Property Transfer

My father signed over his home while he was ill to our oldest brother. Dad at that time was having days where he was able to remember information-times where he would forget and repeat himself many times. My brother did have my father sign over the house and all the contents then my brother let the rest of the family know after said and done. There are items in the house that my father wanted us other children to have and did not write it down as my older brother assured him as his POA that we would get the items after his death. My brother bragged to his neighbor how he was going to take all he could from dad so other siblings would be left empty handed.

The next question-Now that dad has signed over the property (sold for one dollar) to my brother, seeing that my brother is married and he acquired this through a property sale, is his wife entitled to part of the home and contents under community property. My father does not have a life lease on the home as it was sold outright for $1.00. Are the remaining children able to contest the sale as my brother would always have my father sign when the two were alone. My father I know in my heart of hearts was intimidated by my brother and at this moment is dying at home.


Asked on 2/27/07, 2:55 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Property Transfer

Your question suggests that your father is in New York, not WA state. You need counsel where he is, not necessarily where you are. Get on the phone, call the County Bar association, ask for a referral to an attorney who does elder law.

Tell that person what you are saying here. Get a formal declaration from the neighbor who had the conversation with your brother.

You might want to just call whatever the equivalent agency of Adult Protective Services is and tell them what is going on.

I am not as concerned regarding the disposition of your father's property as I am alarmed by the idea that your father is in the care and custody of somebody who is holding so little regard for his wishes at this time.

Get the right help, as soon as you can.

DPOA's in WA do not require witnesses, wills do. Hope this helps. Powell

Read more
Answered on 2/27/07, 3:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York