Legal Question in Wills and Trusts in New York

Re: joint account with rights of survivorship

Anyone can bring a suit, but getting a judgment is different. Since they both had pre-marital assets that have never been been reduced to a marital asset, by joint registration with her husband, he should probably lose any case he initiates. Since the account had a joint registration, it is outside probate by intestacy (no Will), and belongs to the survivor named on the account. To protect yourself, I suggest you get copies of the bank material when the account was opened, to be able to establish when the account was opened, in the joint registration names. You may need that information for court, if he actually sues. The account may be subject to state estate or inheritance taxes, which automatically become a lien on the asset, if applicable. You may need a tax clearance certificate to close the account. If it has been about 10 years since the joint account was created, any claim he has may be subject to a defense of laches (sitting on your rights when you know you have a claim). Plus, if they filed a joint income tax return and the income from the account was listed in the return, he had presumed knowledge of its registration as a joint account, which enhances the defense of laches. More information is needed to give you a better opinion than the generalities contained herein.