Legal Question in Wills and Trusts in New York
joint bank account
I had a joint bank account, with the right of survivorship, with my mother when she as alived. My mother recently passed away without any''Will'' or leaving behind any legal instructions. I then closed the joint bank account, took the money and opened another joint bank account with her husband (my father). My father is now claiming that all the money in this new joint bank account should belong to him since it came from an old joint bank account that had his wife's (my mother) name on it. My father is now sueing me for all the money in this new joint bank account that I have with him now. Does my father have any legal basis for the sue and what are his chances of getting all the money from our joint bank account ?
2 Answers from Attorneys
Re: joint bank account
When your mother died the money, by operation of law, went to you. It was your money.
When you opened the joint account with your father, there is a presumption in the law that the money is 50% yours and 50% your fathers. Based on the information given in your question, I do not think the father has a good chance of receiving all the money from the joint bank account.
Mike.
Re: joint bank account
You do not explain if the account, when your name was added, was in your mother's sole name and then she added you, or if it was a joint account that she closed out and opened as a new account with your name added? Also, it appears your parents were divorced. If this is correct, how was this account handled in the divorce. It appears that some homework is required, both checking the account history at the bank and any divorce papers that may have covered the account. This information should be requested as part of the discovery in the current litigation between you and your father.
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