Legal Question in Wills and Trusts in New York

Estate Money

My grandfathers wife for over 30 years had an illness where she was hospitalized. She could not make any decisions regarding any assets from that point on. Her brother died the same day she had the illness and left a large sum of money to her. The money was put into a joint account with my grandfather. Her hospitalization was covered under my grandfathers insurance. She recently died and her name was taken off the account. Her children from a different marriage believe they should receive some part of this money. So my question would be would my grandfather have the right to all monies left behind that were in her name? If not all, how much would he be entitled to? She had no will.


Asked on 4/04/09, 8:22 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Estate Money

This is both a moral question and a legal one. It starts with the intent of the wife when she placed the funds in a joint account. First, was she competent at that time to do so? Second, why did she do this? If she was not competent, due to her illness, her natural children may have a claim to a portion of the money, depending on how much it was. If she was competent, did she create the joint account intending her husband get all of the balance when she died? If there was some reason other than this, her natural children may have a claim also. Also, what did she and your grandfather intend to do about children from different marrages? Finally, litigation on these issues could be costly and time consuming. You do not say how much money is involved. You could (here is the resolution of the moral issue) offer to treat the woman as if dying "intestate" (without a Will, which she did), letting you keep what your grandfather would get as he survived her. and giving them some part of any excess (splitting the excess among all grandchildren). Of course, if your grandfather is still alive, how and if this is done is his decision.

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Answered on 4/05/09, 1:09 pm


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