Legal Question in Elder Law in New York

elder

if there are two names on the checking and saving account and one dies-does the money go to the other name on the account-there is also a statement that is sign and notify by the deceased 3yrs.prior to death to leave all the money in the bank to this person-the will only states that everything must be sold and the money devided-all the money from the house was put into the bank-2yrs. before death--can other member in the family claim that money-even though the money is in the other name-the bank has said it belongs to the other person name on the account because nothing was left in trust


Asked on 3/01/07, 10:07 am

1 Answer from Attorneys

Michael Moberg Moberg & Associates

Re: elder

The notarized letter will not be enough for Court purposes.

The co-owner of the bank account owns the proceeds from the account in full unless a spouse is involved and he/she claims his/her right of election.

You may contact me at anytime to further discuss this matter.

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Answered on 3/16/07, 11:25 am


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