A son sued his mother and sister alleging that his sister used duress and undue influence to cause their elderly and ailing mother to transfer her New York assets to her. He claimed that this transfer frustrated his mother’s expressed intent to give her assets equally in her will to her two children.

He alleged that he was acting as his mother’s “son”, power of attorney and a 50% potential heir of her estate. He sought to set aside the deeds and impose a constructive trust upon the home and other transferred assets in favor of the mother and thereafter for his benefit; accountings of the proceeds of the sale of certain assets; and to recover lost rentals and certain expenses on his mother’s behalf.

The New York Supreme Court, Appellate Division, Second Department held that the mother and sister demonstrated that the mother had revoked the power of attorney naming the son as her agent and that the son further lacked standing to commence this action as his mother’s potential heir . While his mother was alive, she had the absolute right to change her intentions regarding the distribution of her assets.

Accordingly, the case was dismissed because the son’s interest as his mother’s potential heir was speculative and he lacked standing to sue.

If you have questions regarding legal power of attorney or any other aspect of the legal system, feel free to contact the Law Office of Friedman & Ranzenhofer at 585-484-7432 for answers to your questions.