coop won't let me pay my mother's maint?

[vincejoseph1]

The power of attorney gives you authority to act on your mother's behalf while she is alive. Power of attorney terminates upon your mother's death. Do not trust the board or the management. There are too many horror stories. Be sure your mother does create a will or a revocable living trust and name you or your sister as the beneficiaries (in the will)or successor trustee(s)(in the trust). If your mom passes "intestate" leaving no will, NY State already has one for her. You will need to contact an estate/wills attorney immediately. Know that the process of transferring the apartment to you or your sister in accordance with a will or in the event your mom dies intestate, will take some time. The board/management can and may demand the monthly maintenance payment or they will move to foreclose. You stated that your sister has power of attorney. That does not give you any legal standing. The board can just choose to ignore you - though not your sister. Also, Your mother can request that the co-op add your name to the proprietary lease and to the stock certificate. She needs to have the request in writing and have it notarized. You can research the process for more info. Thanks.

[subcriminal]

To the OP:

You need to consult a real estate attorney. Some of the other posters have cited legal issues over ownership and tenancy with you paying the maintenance in your mother's stead and they are correct. The coop is not trying to be jerks, it's just the way coops are legally set up. There are rules in place for a reason, while they might defy common sense on the surface, a coop is not real property with a deed that can be traded about, messed with or inherited. Instead it has a proprietary lease based on a number of shares. This is the root of the complications, epecially if you don't understand how a coop has to be legally structured to exist.

A real estate attorney can cut through the BS of the coop's managing agents, read through the coop's bylaws and also guide you with transfer of ownership issues if that is your mother's wish. Depending on the bylaws, she might not be able to give the coop to you if the worst happens, and the coop does have the right to force a sale. There is much in the works of coops that you are unaware of, and unless you're a real estate agent or a real estate attorney these find workings will be completely alien to you. This is a much more serious situation than you realize if your mother is in frail health and her maitenance isn't paid. The maintenance includes real estate taxes, if the maitenance is not being sent in a form they can legally accept this WILL but you and your mom in the rump. It is not as simple as talking to someone in the coop to "sort it all out". Please hire an attorney (one who specializes in NYC real estate) to guide you.