Assignment of partial interest in estate

What is the name of your state?ny
this is a complicated situation, here is the condensed version. mil's father died 18 yrs ago. estate was left equally to her and her brother. went through probate and all was settled except deed was never changed over. the property is still in the name of the father. now mil wants to convey her interest to her son. brother won't budge on his half but won't put deed in his name and ours. he just won't deal with anything. mil is very sick, so we need something done quickly. i have a form titled "Assignment of partial interest in estate" which basically says she is conveying her interest in her father's estate to us. is there a time limit on when that form can be used? is this a viable temporay solution? also our lawyer just died w/o making any provisions for his clients in the event of his untimely death, so we need to find a new lawyer.<<<<< you would think a lawyer would know better >>>>>>>>>!!
i am just looking for a quick temporary solution. thanx!

The answer depends on your MIL's state of mind and whether or not she is competent to sign such a document.

Unless you want to become co-owners with this jerk, the other option would be for MIL (through an attorney) to file for PARTITION.

this is a very touchy family situation. we've paid all the bills here, ie. taxes, etc for the past 18 years. the property has been in this family for 150 years, so we don't want to risk losing it. mil has dementia. i feel she is competant to make this decisiioon, however she has trouble writing due to muscle atrophy. i was thinking of haviing her sign the document to the best of her ability and also have her power of attorney sign it. i was also planning on having 3 witnesses sign as an extra precauction. any thoughts? thanx!

also, filing a "partition" was mentioned. what exactly does this involve? and would it be easier for me and my husband to file for it after we do the "partial assignment" since mil has difficulty going out of the house. she has muscular and speech problems, so going out in public is very hard on her. thanx!

also, if we were to have her power of attorney sign this agreement, would that be legal or would it complicate things. my mil is "all there in the head" but she has communication problems

slchilson said:

this is a very touchy family situation. we've paid all the bills here, ie. taxes, etc for the past 18 years. the property has been in this family for 150 years, so we don't want to risk losing it. mil has dementia. i feel she is competant to make this decisiioon, however she has trouble writing due to muscle atrophy. i was thinking of haviing her sign the document to the best of her ability and also have her power of attorney sign it. i was also planning on having 3 witnesses sign as an extra precauction. any thoughts? thanx!

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And the minute you 'have her sign' anything, you could be subject to Elder Abuse charges. Get mom assigned a guardian by the court.
Get mom an attorney and deal with the deed transfer first. THEN MIL's attorney can petition the court to have her interest transferred legally.

Once that happens, the same attorney can file the partition.

DO NOT do this without an attorney for MIL.