How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89142
Experience:  Fully licensed attorney in Texas in private practice.
7286322
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Im not sure what type of attorney I need. But here goes...my

Resolved Question:

Im not sure what type of attorney I need. But here goes...my mom is a widow, and is 77. I have noticed that she is losing her memory. I have one other sibling. I am afraid that my sister is trying to hide or move the money that is in my mothers name into accounts that are in her and my mothers name. My mom has no will and is not interested in doing one. She tells us that everything she has to to be shared equally between me and my sister. That would be fine however, my sister is not easy to get along with. My sister does not have any Power of Attorney to move this money around. In 2005 my mother did create a revocable living trust that she did add to several bank accounts, the house and stock accounts. She mentioned to me that I am the executor of her estate. However, since then I have proof that my sister has taken out the money in those accounts and put them in an account that has her and my mothers name on it. When I ask my mom, she really has no idea what is going on, she has lost control of her accounts because of her memory loss. As her executor of her estate, I have no idea as to what is going on. What is the best way to protect my self from my sister taking everything? What can I do now to prevent this from getting worse? What kind of attorney, if any do I need? I live in New York. Thanks so much for your help!
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your family's situation.

At this point, what someone in your situation may wish to do is to file to be her adult guardian under New York's Article 81 law. Essentially, this would allow you to act in her name, much like a parent to a child. For a quick overview of guardianship see here, for an in-depth explanation see here, and for forms see here.

Adult guardianship is when an adult cannot take care of themselves (due to mental/physical illness, etc) and a caring party files to seek guardianship. If the Court approves, then the caring party becomes the GUARDIAN and may make decisions on behalf of them.

You may file in court for this - anyone can. You'd have to serve all interested parties (immediate family members) as well as him. The individuals can simply not answer, object, object and request themselves to be named guardian, or approve. The Court makes a final case by case decision. If your sister challenges this matter, you'd have to convince the Court that your mother needs guardianship and from what you've described, the Judge may agree.

This is for the overall matter. As for the revocable trust, once guardian, you may wish to revoke the trust, or, (while guardian or even before) file in Court to remove her as trustee and have yourself appointed as the trustee, so you can have control of the trust.

Finally, she can be made to pay back any money she wrongfully transferred without authority or maliciously.

What kind of attorney, if any do I need?

An attorney is highly recommended. You would need an ESTATE or a FAMILY LAW attorney. May I recommend the NY Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Thank you for your informative reply. Im not sure if its the right time at the moment to pursue a guardianship, she has just begun to lose her memory.


How does the fact that I am the current executor to her estate help with this problem. When she passes away, how will it be know that I am her executor. She has no will.



Expert:  Ely replied 1 year ago.
Friend,

Thank you for your informative reply

You are most welcome.

Im not sure if its the right time at the moment to pursue a guardianship, she has just begun to lose her memory.

I think that this may be the perfect time, actually - better now than when the matter gets out of hand completely.

How does the fact that I am the current executor to her estate help with this problem. When she passes away, how will it be know that I am her executor. She has no will.

You are not the automatic executor. Without a will, the Court will appoint whoever is deemed best, XXXXX XXXXX because she had stated that she wants you to be the executor will not be so if you cannot provide a written document where she mandates this, signed, with witnesses.

As such, the sister may possibly get the executor power, which may be even worse. However, if you are the guardian, then you are more likely to receive executorship.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89142
Experience: Fully licensed attorney in Texas in private practice.
Ely and 2 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 

Related Estate Law Questions

Chat Now With An Estate Lawyer
Ely
Ely
Counselor at Law
1173 Satisfied Customers
Fully licensed attorney in Texas in private practice.