Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #202:


A few days ago I requested annulment info with regards to a marriage which took place in the nursing home where my invalid brother resides. I am going to see my brother 2 weeks from today to try to be named his proxy, guardian and power of attorney. I without a doubt believe the "spouse" accomplished this union through coercion, lies & duress. It is documented that he is afraid of her, that she is VERY controlling, & speaks for him. I further believe her intentions were to fraudulently acquire all his possesions (which were his not only before the Dec 6, 2006 union but before July 1, 2006 when he moved in with her. She was aware his inheritance was in perpituity - She would gain at the very least $50,000. She also planned to receive his Social Security. In addition he was an independent cab driver - the medallion worth approx $100,000 but also his before July 1, 2006.

Mom's will now does not include him.

If papers are filed for annulment/divorce and he passes away before the decree is granted will she collect his social security? Can anything be documented to "disinherit " her?

Can a restraining order be filed to keep her away from him?

He has suffered too much and too long at her hands. I will do anything and everything to protect him. My problem is logistics - I'm in AZ ,he is in NY. Thanks in advance for your guidance

Answer:


Depending on how much time your brother still has, the Annulment -Divorce route may be too slow. You should have him legally transfer his major assets to you or to a trust in which he names the beneficiaries. That transfer will be immediate and not require court approval, as long as he is of sound mind and understands what he is doing and a doctor in the nursing home will testify to that fact, it will be legal.
You can also try the divorce route, as a back up, but that will rerquire court approval and take some time.

If you will be in the NYC metro area, please call me to arrange for a meeting to help you to legally effectuate these recommendations.

Leonard M. Weiner, Esq./Divorce Solutions
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