QUESTION
My husband and I have been separated however he had a stroke, presently in the hospital. His family got power of attorney on his asset. What can I do?
Asked on Jun 30th, 2018 on Family Law - New York
More details to this question:
We purchase a home and decided to move to another state however he went back to his old job and was travelling to and from until some years ago he decided to visit. However he had a stroke and become paralyze I went to visit him several time and could not make any decision in his care because I was told by his niece that she has power of attorney along with medical proxy. She took over all our document which he had taking out of our home; and will not discuss his finances with us. She filed his taxes and stop paying the mortgage which he had promise to do if I didn't file for divorce. There is no income from his job because she took over everything. Is there anything we can Do
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You need to file for divorce. From the moment he is served with divorce papers, he (or his niece/ attorney in fact) is not allowed to dissipate marital assets, which would include mortgaging your property. Until then you need to protect your half of any joint liquid assets you still hold together with him by withdrawing it and creating a separate account for yourself. As for the rest, it is very unclear and more information is needed.
Answered on Jul 02nd, 2018 at 11:30 AM