My mother just met a boyfriend at 80 years old which took her out of her deep depression. I was the one who made it happen. By taking her out more. My sister is so insistant that she finishes up writing her 4th will now. While she is being cited by me for compel of accounting all of it after 4 years of keeping quiet. She knows she guilty but tells my mother she's not . I had to accumulate this information myself and have an attorney that was an IRS guy so he figures things out quick. Only Problem is my mother's language speaking writing reading or understanding English is her handicap. so my sister can tell her anything and she will beleive it. All She knows is That Iam taking poor old sister to court which is a horror for her , but doesn't know what she has done. Her attorney is also my
sister family estate attorney so they make up different wills for her in my sisters best interest . I take it back and explain and thinks the attorney is doing this, yes she is but at my sisters request and mother's checkbook, My mother couldnt even get copies of old wills w/o my sister. Her Family is Threatning me now and everyday is a new problem for me. I am not going to stop something that was wrong. Can I get some legal protection for her or myself? Mother is not interested or focusing right now cause of Boyfriend. Can will be done another time ?Nassau County NY
Elder Law Attorney
there are many alternatives all of which involve using either an elder law attorney, elder mediation to resolve family issues with the help of a skilled, trained elder mediator, or a combination of the two. Your mother may lack capacity to make a Will and an evaluation should be made by a geriatric doctor or assessment in an elder health unit of a hospital or facility to assess her capacity to determine whether the Wills are even valid. You can the file to be appointed her guardian.
Divorce / Separation Lawyer
It seems as if your mother may need to have a legal guardian appointed to care for her financial affairs if one had not already been appointed by the Court. You described that your sister had taken on this role, perhaps even without a court order, and that you have sued or are about sue your sister to have her account for mishandling your Mom's affairs over the last 4 years. You may bring a guardianship peition in Supreme Court and request that you be appointed as guardian. Once you are appointed, you will have authority to prevent you sister from forcing your mother to execute another will.