New York, NY asked in Elder Law for New York

Q: Is it legal for a son to acquire a Reverse mortgage while mom in a nursing home? Two names on deed.

Two sisters on deed. Both with dementia. One placed in nursing home after stroke now deceased. Other sister in nursing home when other got sick. Son of deceased had her sign a reverse mortgage and received a large sum of money. Does the other sister still have rights to home as tenants in common? I believe son has committed fraud and mother signed papers without knowledge of what she was signing. He has kept her bank account open and acquired CC after his mother died in 2017. Please advise.

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1 Lawyer Answer
Benjamin Z. Katz
Benjamin Z. Katz
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: You should consult an attorney to determine the surviving sister’s rights. Your instincts may be right. But all the facts should be reviewed before a legal conclusion can be made and the proper action taken.

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