Legal Question in Wills and Trusts in New York

In Trust For (Savings & Checking accts)

My mother-in-law had had three bank accounts. The accounts are in her name and in trust for me. She has passed away recently. If I present a death certificate to the bank will her son my ex-husband be able to claim any of the monies. All the proper paperwork and signature cards were signed at the bank with myself and my mother-in-law in July 2007. She passed away a week ago Sep/2007.


Asked on 9/27/07, 12:25 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: In Trust For (Savings & Checking accts)

This should not be a problem, as the account registration usually controls its disposition. While the account registration should control, this does not mean that litigation over the entitlement cannot be brought caliming there were conditions to the registration (e.g., that you be married at the time of her death and you do not state what was your marital situation at the time the account was opened), or that undue influence was exewrted by you over your mother-in-law, or other similar claims. These claims can be raised even after you close the account, although there are limited time periods involved in which such litigation can be brought. I suggest closing the accounts ASAP but holding the funds for several months to see if your "X" actually contests this. This is a response to an internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 9/27/07, 11:10 am
Anthony Park Anthony S. Park, PLLC

Re: In Trust For (Savings & Checking accts)

You should not have any problems claiming the funds in the In Trust For accounts. There are a few possible scenarios where you may face resistance (e.g., mother-in-law's estate assets insufficient to pay her debts, mother-in-law's surviving husband may exercise spousal right of election, etc.).

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Answered on 9/27/07, 2:10 pm


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