Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

My sister convinced my mother with dementia to sign her

Customer Question
house over to her....
My sister convinced my mother with dementia to sign her house over to her. She controls all my mothers money. Now that my mother needs long term care my sister refuses to pay for it and won't sell the house which she claimed as her inheritance. My mother needs care and is being denied that , isn't that elder abuse? Also, can i take my sister to court and ask that the house be sold or that my name also be put on the deed of the house? Can I have a court appoint me my mother's POA and health care proxy since my sister isn't taking care of her yet is appointed those things already?
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 minute by:
11/11/2015
Estate Lawyer: Loren, Attorney replied 2 years ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34,982
Experience: 30 years experience in the practice of estate law.
Verified

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you today.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

Which state is your mother living in?

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

Are you online with me?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
New York. Right not she is living in my brothers basement in New York.
Customer reply replied 2 years ago
she could not go back to her house after her hospitalization.
Estate Lawyer: Loren, Attorney replied 2 years ago

Thank you for the additional information.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

Tricking your mother, or taking advantage of her dementia, to get her to sign over her house and other assets is a form of elder abuse and it is illegal.

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

You can petition the court to be appointed your mother's legal guardian. You can then take action against your sister to recover her home.

You will also have authority to make medical decisions.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
it was done in 2012 when her dementia wasn't as severe but it was still done. It is possible to prove that my mother was taken advantage of now that my mother can't speak for herself? Would a judge order the house be sold so that my mother can live the rest of her life in a good assisted living facility?
Estate Lawyer: Loren, Attorney replied 2 years ago

Additionally, you can report elder abuse to the Dept of Adult Protective Services. They can also help you to obtain guardianship.

See the following link for contact info: http://ocfs.ny.gov/main/psa/Default.asp

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
being her legal guardian will do me no good if I can't have access to that house so I can pay for her care..
Customer reply replied 2 years ago
i already have that link, thank you. My mother is being fed and given her medicine so I dont' think they will do anything.
Estate Lawyer: Loren, Attorney replied 2 years ago

As I said, once your are guardian you can take action on her behalf to sue your sister to force the return of her property.

Have you made the office of adult protective services aware of the elder abuse?

You can also contact the NY Attorney General's office to investigate elder abuse

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

Still there?

Ask Your Own Estate Law Question
Estate Lawyer: Loren, Attorney replied 2 years ago

Did you have further questions?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
you're not answering my question. thank you anyway,
Estate Lawyer: Loren, Attorney replied 2 years ago

Specifically, what has not been answered? You asked if you could petition the court for a POA and health care proxy. I answered that you would have to file for guardianship, since she is not competent.

As far as the sister is concerned, you would also need to sue her to return the home to your mother's name.

The Office of Adult Protective Services investigates complaints regarding elder abuse, including financial matters (not just physical abuse).

What else did you want to know?

Ask Your Own Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34,982
34,982 Satisfied Customers
Experience: 30 years experience in the practice of estate law.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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 TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Minnesota - Special Needs Trustee and POA: How do I
Minnesota - Special Needs Trustee and POA: How do I determine reasonable compensation for managing my sister's finances? On average, I spend 5 hours per week on her finances.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,895 satisfied customers
My daughter lives in Co. and is my POA. My son lives in
My daughter lives in Co. and is my POA. My son lives in Novato near me and is durable POA. My son is a successor to my POA. What if I can't manage my trust. My son is an accountant and more qualified.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
My sister had POA over my mother and father. Since 2012, she
Second opinion] My sister had POA over my mother and father. Since 2012, she has been taking their money from a rental property and putting into her personal account. They have no access to that money… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
Make question private...Is it legal to be a poa for close
Please make question private...Is it legal to be a poa for close relative when you live outside the usa in a different country? Also another relative who lives in usa but not in Pa. Where the elderley… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife is a POA and trustee for an aunt. Can she have the
My wife is a POA and trustee for an aunt. Can she have the trust take a mortgage on our home so we can pay the trust more interest than she is earnng in her investments rather than paying our interest… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My brother is my mother's poa. My brother is very narcisstic
My brother is my mother's poa. My brother is very narcisstic and abusive to me. My mother lives in an assisted living. I llive in the same town and I take her to her doctor's appts and visit her sever… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Have Irrevocable Durable POA and am the Trustee of my
Have Irrevocable Durable POA and am the Trustee of my Brothers Trust. He told me he changed beneficiaries on his life insurance but he didn't, we found out after my brother passed. Question is: Do I h… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I was the POA now Executor of her estate my sister is asking
I was the POA now Executor of her estate my sister is asking me for a copy of her death certificate however my mom never authorized the policy by signing isn't hid fraud?? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I'm the POA for my mother, who's in an assisted living
I'm the POA for my mother, who's in an assisted living facility with dementia. I'd like to purchase a condo as an investment property using her funds, since her expenses are now higher than her income… read more
Loren
Loren
Attorney
34,982 satisfied customers
I got a durable poa form from Staple in FL. The agent at
Hi. I got a durable poa form from Staple in FL. The agent at Charles require further forms from them, otherwise they would not accept them. Do they actually have a choice in the matter? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
My father died without a will, I was his POA while alive. He
My father died without a will, I was his POA while alive. He has a wife who is in a nursing home with Alzheimer's and dementia. She has no POA. Do we need to go through probate? … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I just signed my trust, will, financial and healthcare POA,
I just signed my trust, will, financial and healthcare POA, etc. documents today at my trust attorney's office in southern California, but 2 things were strange. First of all, the attorney is also a n… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,451 satisfied customers
We have a trust in effect right with a durable poa now we
hi we have a trust in effect right with a durable poa now we went to the bank to make sure that the poa would be accepted and the bank said that the poa would only activate if she became incapacitated… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My mother has a will and POA that appears to be invalid. It
My mother has a will and POA that appears to be invalid. It is not recorded in the county courhouse anywhere. The POA is my brother. She is in assisted living in Las Cruces NM and has property being s… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers
As durable poa, and executor of an Individual's Will, do the
as durable poa, and executor of an Individual's Will, do the poa have the right to review any codicil to the Individual's Will? … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Should a person who was asked to be a co-executor and POA
Should a person who was asked to be a co-executor and POA for a relative be disqualified for borrowing money against beneficiaries accounts, with hand written note saying if not paid in full to be sub… read more
Loren
Loren
Attorney
34,982 satisfied customers
For my Aunt in a nursing home in Arkansas. The POA will end
I am POA for my Aunt in a nursing home in Arkansas. The POA will end with my death. What options do I have to get another family member to help if I die? Also, the POA will end at Aunt Mildred's death… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I'm a new POA. I've recorded a Revocation for prior POA,
I'm a new POA . I've recorded a Revocation for prior POA, Durable POA for Financial Management. Will these POAs remove the old Trustee off of the declaration of Trust Deed, heir to the property once t… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x