Central Islip, NY asked in Estate Planning and Probate for New York

Q: As 1 of 3 exec's dads will probate acct closes tues. If I write to lawyer does he have to answer my ?'s . No call back

This lawyer did parents estate when mom had dementia put her on medicaid for $. Then sibling gets excess income I have to pay, created accounts w mom as joint, refused to pay me back, I couldnt object no lawyer, really want them all caught but no help but need to know my future I have mom and debt, seems sibling is now beneficiary and co owner of all that's not in probate accounting. What do they have to do with all of it . Was told before moms share going in a trust all of us but they do things I can't believe are legal. So does he have to answer me as 1 of her POA,S ? They also created living will but not sure of anything else. She had no clue then what she was signing dementia 2015, signed 2017

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: I cannot follow the facts. Is your mom dead or alive? You are mixing legal terms. The POA is not relevant if your mother is dead. If there is an estate, you have to petition for the relief you want.

Gary Lane
Gary Lane
Answered
  • Estate Planning Lawyer
  • Irvine, CA
  • Licensed in New York

A: Dementia cancels (nullifies) any signature on any document. So that document is not effective.

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