Yes, in a recent case plaintiffs sued their brother for fraudulently diverting their late mother’s New York home to himself.
While the mother was recovering from a stroke in 2003, he obtained her signature on a power of attorney and a deed.
However, the son testified that he was not ready to own the premises in 2003 as he was receiving Medicaid and could not own real property in his name.
He did not accept his mother’s gift until 2009 when he recorded the deed.
The Kings County, New York Supreme Court ruled in February 2014 that as he did not intend to accept the gift at the time of delivery of the deed in 2003 when his mother was incapacitated by a stroke, the mother did not make a valid gift of her home to him.
Therefore, the plaintiffs established that their mother’s alleged gift was not properly accepted, and the quitclaim deed was declared null and void.
Contact Buffalo Attorney Robert Friedman at 716-542-5444 if you have questions about New York real estate or estate litigation.