Legal Question in Wills and Trusts in New York

In NY, my father died without a will. All of his accounts were in joint tenancy with my stepmother. I was the named beneficiary however my stepmother received everything because my father joint her onto accounts which were originally in his own name. Most of the money originated from my father as he earned significantly more than she did, inherited a large percentage from my grandmother, etc. However, immediately following my father's death, my stepmother changed the beneficiary from my name to the name of her own daughter (my step sister) who of course is not even blood related to my father or grandmother. Assuming the accounts are intact after my stepmother passes away, do I have any legal ground to challenge my step sister for a share of my father's/grandmother's money that I was formerly the named beneficiary of? Thanks in advance for any advise.


Asked on 7/09/11, 10:14 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

No. The joint accounts now belong to your stepmother.

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Answered on 7/10/11, 5:30 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David, but if there is any possibility that this was done improperly (joint registration) it should be contested now. Possible basis may include incapacity of your father or undue influence by your step-mother. Sorry, but this typically happens in second marriages when one spouse gets bad advice or does not seek legal advice, and just acts on his/her own. This is the law and you may not be able to do anything about it. Just a caution, unless there is alot of money involved, it may not justify pursuing it, as a contest can be time consuing and very expensive.

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Answered on 7/11/11, 9:10 am


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