Legal Question in Wills and Trusts in New York
I want to get a “court order” from a NY court to obtain my mother’s account records from a large investment bank to find out more about a account whose designation was changed 6 months prior to her death. Our stepbrother told us he filled out the paperwork and we believe my stepfather asked him to take care of it. The account was changed from being for for the benefit of her children to a joint account with my stepfather. All of mother’ money passed through accounts.
There is a will leaving my stepfather a sum of money and joint property.. The Will does not state from where the money should come nor specify the joint property.
I am concerned that by filing for probate of the Will to get a “court order” it will be an admission of agreement with an action we might bring to show that the designation to joint accounts was unfairly made.
Is my concern valid?
1 Answer from Attorneys
Please accept my condolences on the loss of your mom.
It's hard to answer your question because it's unclear if you're the Executor named in mom's will. If you're not the nominated Executor, than you can't "file for probate." If you're not the Executor than it's going to be extraordinarily difficult (maybe impossible) to get a "court order" and force the financial institution to turn over the records. There are other mechanisms to achieve this result, but you can't do this by yourself. If you are the Executor than you're in a better position. You would not be making any "admission" by asserting your legal rights.
Bottom line is that what you describe (changing the beneficiary on mom's accounts) is not unusual and it's entirely possible you were cheated out of your inheritance. But maybe not; maybe it was your mother's wishes that all of her money goes to your step-father. Almost certainly you're going to have to come to terms with how this played out and consider how it's going to effect the rest of your life and relationship with your step-dad and siblings. But, if mom was not in the right state of mind six months ago, and your step-brother did in fact handle everything (and not your mom), then maybe you have grounds to go forward.
I hope that's a little bit helpful.
Once again, please accept my condolences on the loss of your mom.
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