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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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We are the Mckoy family of 5 adults - two brothers and three

Customer Question

We are the Mckoy family of 5 adults - two brothers and three sisters. Our sister, Michele has had MS for ten years. Thank God she retired as a teacher in time and collects her pension and social security. Michele have been taken care of by her close friend Jackie, known to the family, for years. Jackie has continued to run Michele's music school at her Brownstone property at 173 Washington Park Brooklyn for years, collecting rent from two tenants, paying the taxes etc. It was understood in Michele's will that Jackie would keep the property if Michele would die. The family recently was told that Jackie was in the hospital and died from pancreatic cancer. Now, Jackie's sister is taking care of Michele as we did not expect Jackie's condition was terminal until very recently - this month. It seems that Michele and Jackie's sister is very secretive and don't want to be transparent about this sudden change in arrangement. We don't know whether Michele is being taken advantage of by the sister. We have no interest in Michele's property; we just want to know as before what are the arrangements now. What should we do to ensure that Michele is not being exploited?
John Mckoy
Submitted: 2 months ago.
Category: Tax
Expert:  Lane replied 2 months ago.

Hi John. I can help here. My name's Lane.

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Legally, unless you have a legal guardianship, (or are willing to petition the court that Michelle is incompetent and the guardianship is required to protect her from danger to herself or others) you don't have recourse here.

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If her will is changed, then at the time of execution you would have the right to contest the will.Possible basis would be that she was not competent to execute a new will, or that it was signed under duress.

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Is Michelle mentally competent to make her own decisions?

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