Legal Question in Banking Law in New York

Do I have to give the money back?

My husband died and his daughter was the beneficiary on the bank account. The daughter and I went to the bank and divided the money equally ( my husband's wishes). Two weeks after the division the daughter contacted the bank stating I forced her to share the money. Can the bank force me to give the money back?


Asked on 11/22/08, 10:27 pm

1 Answer from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: Do I have to give the money back?

Did your husband have a will?

Was the account noted in the will to be divided between you and his daughter?

Was she on the account as a beneficiary or for his convenience due to his health and other reasons?

These are some of the issues that will be dealt with when you determine if you should give the money back.

On the other hand, the bank can't force you to do anything. They are not an enforcer of ones legal rights and can only act, in this instance, on the instructions of the courts and or the owners of the accounts.

So if you acted in accordance with instructions in your husbands will, you have an affirmative defense that you can raise if his daughter decides to act.

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Answered on 11/23/08, 12:44 am


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