In Matter of Bell-Kligler , daughters wanted to set aside the sale of their mother's property to their brother on the grounds mom was an incapacitated person.
When the New York County Supreme Court granted the ladies' request, the brother appealed to the Appellate Division, First Department.
There were a number of factors working against the brother.
First, the property was sold at a price significantly below market value and the sale took place a week after the mother executed a will which provided the son was to purchase the daughters' interests upon the mother's death.
The sisters weren't told about the sale and, although the mother had an attorney, different counsel represented the mother at the closing -- an attorney who had been engaged by the brother's lawyer.
Since the brother was unable to show the propery's sale was voluntarily made, fair, and free of undue influence, the AD1 affirmed the outcome.
Not just another momma's boy.
To download a copy of the Appellate Division's decision, please use this link: Matter of Bell-Kligler