Legal Question in Wills and Trusts in New York

Re: Daughters fighting over the Grandmothers money

First, while the grandmother's residence was NJ, the account was transferred to NY, the location of one granddaughter. What was listed on the death certificate (NY or NJ) as the residence? If it says NY, nothing can be done in NJ unless the certificate is corrected. Therefore, anything will probably be required to be done in NY, which might very well require suing the NY resident daughter. In NJ we have a law on accomodation accounts. This states that if a person adds a name to an account or allows a second signature purely for "accomodation purposes" which is defined as being, for example, I cannot write because I am incapacitated, or I am home-bound and cannot get out, so I want to authorize this second person to have access to my bank account(s) so my banking can be done and my bills paid, this does not create an entitlement to the remaining account balance, as would a "true gift" of the account. The person with accomodation rights only has the right to use the funds for limited purposes, such as paying bills of the incapicitated person. On the death, they are legally and morally bound to return any remaining funds to the estate. Additionally, with the passing of the grandmother, the POA rights likewise expire, so if anything was done post mortum under the POA, it is illegal. More specific information is needed, such as: was this granddaughter merely an authorized signatory, or actually named as a co-owner of the account. If merely a signatory, that does not create a presumption of ownership. I suggest retaining a NY attorney and immediately take action to freeze the account balance until the matter is resolved. This could easily turn into a he said-she said type of litigation. Another question that might be helpful is the mental capacity of the grandmother both at the time of making the POA and the transfer of the account. If the POA was given when she lacked the requisite mental capacity, it could be challenged as could any subsequent transfers of funds. Was undue influence exercised on the grandmother? Be mindful that this type of litigation can be costly, time consuming, probably require medical testimony and, depending upon how the claim is presented, you have no assurance of success. However, suing might lead to some settlement, so don't rule it out.