Legal Question in Wills and Trusts in New York

joint tenancy account

A friend of mine set up a joint tenencay account with me. Three months after this was done my friend passed away. Her will was changed 2 months before she died to her sister, who at the time knew about this account. I withdrew the funds when my friend died. Now the sisters attorney is asking questions about this joint account. I really am concerned that the sister wants this money from me. Can she do this, if the account was set up as a joint tenancy with rights of survivorship.


Asked on 9/26/08, 11:47 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: joint tenancy account

You do not say what was the motive/intention for creating this account? If it was intended to be a gift to you for years of friendship (if you survived your friend), the money is yours to keep. However, if adding your name to the account was done solely so you could have access to it to assist your friend in paying bills or if the friend became incapacitated, this might be considered an "accomodation" account and the funds must be returned. Likewise, if it is argued (and it could be) that you used undue influence to have the friend do this, a Court proceeding might be necessary and the Judge would determine whose funds they are - yours or the estates.

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Answered on 9/26/08, 12:00 pm


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