Legal Question in Discrimination Law in New York

Access to Custodial Savings Account

I am a 20 year old male living in New York City. My adopted mother opened a custodial savings account for me some years ago. She died in 2005. I went to the bank with mom's death certificate and my ID, but the bank is refusing to provide me access to these funds even though both her name and mine are on the account. What can I do to access these funds � I no longer have a legal guardian; I am on my own and I need my money.


Asked on 7/21/09, 11:18 am

3 Answers from Attorneys
John W. DeHaan DeHaanBusse LLP

Re: Access to Custodial Savings Account

My firm does not practice in this field. You may want to contact your local county bar association for a referral to an attorney in your area.

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Answered on 7/21/09, 2:23 pm
Norman Nadel Norman Nadel, Esq.

Re: Access to Custodial Savings Account

I assume that there was no proceeding in the Surrogate's Court when your mother died. If that is correct, it is necessary that a fiduciary (Administrator or Executor) be appointed in order to transfer the custodian account to you. Speak to a clerk at the Surrogate's Court in Manhattan, who I am sure will be helpful.

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Answered on 7/21/09, 12:23 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Access to Custodial Savings Account

The court will need to appoint an estate representative for your mom 's estate. That may well be you. Depending on the amount of assets involved, it can be a small estate proceeding, or if more then 10,000, a regular proceeding.

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Answered on 7/21/09, 12:55 pm


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