Legal Question in Wills and Trusts in New York

Re: Dispued inheritance

If the purpose was for convenience then your sister doesn't own the assets she is claiming as hers and under the rules of intestacy you, along with other siblings and your father (moms husband) would be entitled to their lawful shares.

A lot of this is going to depend on what you can establish, the purpose behind the name changes, and if your mother intended to give the assets to your sister as hers or in trust for the rest of you or even just for convenience.

One very important item is did you Mom have will, and was it submitted to probate?

If you wish to discuss this further, you may email or call me and we can set up a time to talk.

Re: Dispued inheritance

Warren Markowitz's advise is a little off.

Assets may pass to another individual by will or by law. In other words, if money was placed in a joint account, by law the money passes to the surviving account holder. With a bond, if language states the other persons name as "joint holder", the bond would pass to the surviving individual automatically. It would pass outside the will.

Assets pass in the will (or by intestacy if there is no will) if the property was solely in your mother's name.

If all of your Mom's assets went to the other daughter through fraud, duress, or incapacity (mother not capable of making a decision), the Mother's estate would have a cause of action to vacate the transfer and return the property to the estate for proper distribution.

Mike.

Re: Dispued inheritance

Actually, in New York the "convenience account" if funded with separate property, will remain the separate property of the depositor. No gift is inferred upon the opening of such an account and on the death of the depositor the other person does not have a right of survivorship. As you can see, this is a complicated matter. I urge you seek out the advice of an experienced estate attorney.