Peter Kantorowski served his mother with an eviction notice shortly before her 98th birthday

1. Son Seeks Eviction of Elderly Mother
From Her Home
Peter Kantorowski served his mother with an eviction notice shortly before her 98th
birthday.
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LAW OFFICE OF DAVID PARKER BLOG
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2.  Sometimes a case comes up that highlights in stark fashion the
need to maintain communication within a family for purposes of
elder law, elder care and NY estate planning. That of 71-year-
old Peter Kantorowski of New Haven, Connecticut and his 98-
year-old mother is a perfect illustration, as detailed in a recent
story in the Columbus Dispatch. Kantorowski’s mother lived in
her own home for 60 years. Legally, however, the home was no
longer hers; she had gifted the property Kantorowski, but
retained right to reside there through a quit-claim.
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LAW OFFICE OF DAVID PARKER BLOG
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3.  Kantorowski’s motive was ensuring his mother’s proper care,
which he didn’t believe he could do while she was living
independently. What he wanted was for her to either enter a
nursing home or move in with him. She refused. No agreement
could be reached, so Kantorowski served an eviction notice
requiring her to move out. She took the matter to court, a judge
found her competent, and she was assigned counsel.
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LAW OFFICE OF DAVID PARKER BLOG
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4.  Complicating the issue, and really the source of the whole
problem, is that Kantorowski had not seen his mother in a long
time and was really not in a good position to judge whether she
was receiving good care or not. In fact, the lady is attended by
health-care workers, still cooks for herself, attends church, and
in general seems to be capable of getting by just fine through
assisted living.
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LAW OFFICE OF DAVID PARKER BLOG
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5.  One immediately wonders whether Kantorowski is really
motivated by concern for his mother, or for other reasons, such
as the expense of her continuing to live in her own home and its
impact on his eventual inheritance. As those who think about
New York asset protection and must deal with the impact of old
age and the expenses of elder care know, all of these are valid
concerns – except that the assets in question aren’t
Kantorowski’s, at least not yet. Be that as it may, all of this
shows how important communication among family members
can be for all concerned.
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LAW OFFICE OF DAVID PARKER BLOG
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6. Law Office of David Parker
Estate Planning and Elder Law
 www.parkertrustlaw.com