My brother, as executor of my father's estate has put my sister in charge of my mother's care without written consent from me and my siblings. He is also paying her "off the books" from the estate. How do I put a stop to this?
The short answer is that unless your father had the ability to appoint someone to care for your mother, or she had executed a power of attorney and healthcare proxy appointing your sister to act for her, your brother, cannot, merely because he is the executor of your father's estate, appoint anyone to act for your mother.
So the question is: what do you mean by "in charge of [your] mother's care?" do you mean that your father was formally appointed guardian for your mother, or that he was acting for her under a power of attorney or a healthcare proxy? Or, do you mean that your sister is now doing banking and other financial transactions for her, or that your sister is making decisions for her personal care, simply because your brother asked her to In either of the first 2 (i.e. a guardian was appointed for her OR she had executed a healthcare proxy or a power of attorney) there should be a successor guardian or agent appointed by the court/documents. In the last 2 situations, your mother can state who she wants to act for her IF she retains competency -- an understanding of what these documents authorize another to do for her and she understands who she is choosing to act and why (among other tests). I strongly recommend if the latter is the case, that she executes a power of attorney and healthcare proxy to state who she wants to act for her. This will put the issue to rest and will prevent a guardianship down the road. If your sister is acting as a successor guardian or as a successor agent under a power of attorney or healthcare proxy, and you believe your sister is not the best choice, your options are 1) to discuss with your mother if she is competent or 2) bring a guardianship proceeding (although there may be other cost effective ways of handling this if your mom is still competent)
Feel free to contact me if you wish to discuss further. Mary Ulrich, Esq. (516) 804-2931
We pay taxes to the town of hempstead. and on each each peice of property has a llc name or owner as our partners name is that important to change since I am getting divored where do I go and what do I need to bring? Thank -you in advance
I am not sure I understand your question, but you can do a search by either owner name (i.e. name of LLC) or property address at the office of the Nassau County Clerk at 242 Old Country Road in Mineola. you do not need to bring anything. As for your question of whether it is important to change, you may want to speak about your specific situation with your divorce attorney, if any, as you want to make sure you are not committing a fraudulent conveyance.See question