Legal Question in Wills and Trusts in New York

Father trying to take daughter's inheritance

My daughter and son inherited money from her grandmother. Grandmother left her a checking & savings account. My daughter is the account beneficiary and she is only 20 years old. The account information was never given to her either. Her father, grandmother's son is not divulging the account information and has hired an attorney to take the mother. Claims nothing written in her will about this. Grandmother called my daughter months prior to her death & told her she has safely put away money for them and that her son would be upset and may contest it. Now he doesn't want give her a copy of the death certificate or the account information & told her he needs the money to pay for the funeral. His mother left him a house valued at 100K, mortgage free and a SVU plus stocks and bonds. My ex-is trying to cheat his children of their inheritance. My daughter doesn't have the money to fight him. What can she do?


Asked on 11/14/06, 1:44 pm

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Father trying to take daughter's inheritance

Perhaps a visit to the several banks at which grandmother may have banked will disclose the account. If this is inconvenient, it is appropriate to write a letter to the banks to determine if your daughter is entitled to the account. That's for starters, anyway.

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Answered on 11/14/06, 2:12 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Father trying to take daughter's inheritance

IT SOUNDS LIKE THE ACCOUNT WAS SET UP TO AVOID BEING INCLUDED IN THE ESTATE THAT PASSES UNDER THE WILL; PROBABLY HAD AN ACCOUNT REGISTRATION IN BOTH NAMES, WITH RIGHT OF SURVIVORSHIP OR AS POD YOUR DAUGHTER. EITHER WAY, THE ACCOUNT PASSES TO YOUR DAUGHTER INDEPENDENT OF THE WILL. IF YOUR EX HAS BEEN APPOINTED EXECUTOR OF HIS MOTHER'S WILL (YOU MAY HAVE TO CHECK THIS WITH THE SURROGATE'S COURT WHERE HIS MOTHER LIVED WHEN SHE DIED), SHE CAN FILE WITH THE SURROGATE TO COMPEL HIM TO ACCOUNT TO HER FOR THE ACCOUNT. BEING 20, SHE IS NO LONGER CONSIDERED A MINOR SO SHE CAN GET THE ACCOUNT OUTRIGHT. HE IS OBLIGATED BY LAW TO DIVULGE THE INFORMATION. NORMAN'S COMMENTS ABOUT CHECKING WITH KNOWN BANKS IS ALSO APPROPRIATE. WHILE SHE MAY NEED A DEATH CERTIFICATE, UNLESS THE BANK ALREADY HAS ONE, SHE IS ENTITLED TO GET AN ORIGINAL AS THE GRANDDAUGHTER, FOR A SMALL FEE, BY CONTACTING THE HEALTH DEPARTMENT WHERE HER GRANDMOTHER LIVED. SHE MAY HAVE TO EXPLAIN HER NEED TO GET IT. WHILE IT IS NOT UNUSUAL, I AM SADDENED TO HEAR THAT A FATHER WANTS TO CHEAT HIS DAUGHTER, EVEN IN A DIVORCE SITUATION. I GUESS GRANDMA KNEW WHAT SHE WAS DOING.

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Answered on 11/14/06, 2:58 pm


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