Legal Question in Wills and Trusts in New York
I am doing some research for my Dad. Here is the story. My grandmother passed away in August 2009. She had been suffering from severe Dimentia for a few years before her death. In 2004 she moved out of her house because she was unable to care for it anymore and my cousin, one of her grandsons moved in. He lived there rent free for 3 years. In 2007 my Aunt utilized her power-of-attorney to do a quit claim deed on the house and deed it over to herself, then she sold it to my cousin. Originally in the will, my father and aunt were supposed to split the house 50-50. Well now that my grandmother has passed away, my dad has not seen a penny and my aunt says that all the money went toward my grandmother's medical expenses, which I find extremely hard to believe.
Is there anything we can do?
Thank you.
2 Answers from Attorneys
This is a tough question to answer based upon the information you have provided. First, what is the value of the home in question? Long-term care can cost between $8k to $15k per month. Based upon your note, your grandmother was in care for quite a while (up to 60 months) so the bill for care could have been more than half a million dollars. The process you described is unorthodox and there may be questions about your aunt violating her fiduciary duty to your grandmother.
Your Dad should spend the money to have a consultation with an attorney in your area to review the detailed facts and determine if there are remedies he can seek relating to this matter.
I agree with Paul that this becomes an economic issue as well as a legal one. I have not seen any documents so my response is generic. It does appear that your aunt may have breached her fiduciary duty in that no rent was charged for the occupancy, as well as the Deed transfer and subsequent sale. All of this may have been allowed under the POA, and it should be reviewed. An action for an accounting could be brought, and these costs need to be weighed against what could be recovered if a breach of duty suit is successful. Deeds could be checked for what was paid for the house, and nursing home fees could be ascertained. These are inexpensive starting points.
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