New York, NY asked in Estate Planning and Wrongful Death for New York

Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

An elderly lady that had dementia had recently died. Her spouse died approximately 10 years earlier. The next of kin is her first cousin.

A niece of the deceased husband that is not a blood relative has some how made herself a trustee on the elderly lady’s property 2 months before she died.

The first cousin recently lived in the property with the elderly blood relative, but was forced to move out because he was getting sick from the fumes in the house. Less than 2 weeks later the elderly lady, his cousin, dies of a heart attack.

The first cousin was never contacted and informed that a trust was being created with his blood relative ( the elderly lady). He is legally the person that is supposed to be inheriting his cousin’s properties.

1 Lawyer Answer

Michael David Siegel

Answered
  • New York, NY
  • Licensed in New York

A: If the decedent was not competent to make the trust, a court proceeding can invalidate it.

1 user found this answer helpful

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