Redfield, NY Estate Planning Law Firms & Lawyers

Hi Joseph:  My name is Damien. I am an attorney located in New York City. If your father still has his mental capacity, he can still execute (sign) a Will. He would need to have two witnesses (and if you are a beneficiary, you cannot be a witness). Generally, it is best to have an attorney draft and supervise the Will signing even when the testator (your Father) has limited assets.  If you need assistance, a New York Trusts & Estates Attorney can help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082.  

The executor of the estate duties to the estate and the legatees and heirs of the estate. The executor must collect the assets of the estate, pay creditor claims, make specific bequests, liquidate assets as necessary to make the appropriate distributions. The executor is under a duty of loyalty to the estate and has fiduciary responsibilities to the estate. This means the executor cannot use estate assets for his or her own benefit and cannot permit the waste of estate assets. Use of estate assets for non-estate purposes could be done with an appropriate market value payment (i.e. rental).

You could find a geriatric care consultant, and see if there are less expensive alternatives for care which would still provide the level of care your mother requires, but at a lesser cost. But your Mom needs the care she needs, and if that's how her money has to be spent, then that's the way it is.