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Deseased Grandmother's Bank Account

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q4life

Member
What is the name of your state (only U.S. law)? NY

My grandmother passed away over 3 years ago. She had a joint bank account with my mother. Before she passed she wanted my mom to split whatever was in there between her and her 2 sisters which was approximately $10K, there was also cash that she had stashed away in a closet that she wanted them to have.

Her younger Husband at that time took all of the cash after her death and said he needed the money for bills. He also kept away then moved from my family because it was learned that he was seeing my grandmother's home care attendant. When he left he took the passbook with him. My mother beleives he also emptied out her bank accounts but I dont agree. Could he have taken the money although the account was in both their names?:confused:

Thanks for your advice.
 


ecmst12

Senior Member
If there was no will, the husband was the legal next of kin and would inherit everything, including her rights to the joint bank account. If some of the money in that account was your mom's, and he withdrew it all, she would have to take him to court and prove where the money came from. And even then, I'm not sure it would work. With a joint account, either party can withdraw the money, they don't both need to be there or consent for it.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY

My grandmother passed away over 3 years ago. She had a joint bank account with my mother. Before she passed she wanted my mom to split whatever was in there between her and her 2 sisters which was approximately $10K, there was also cash that she had stashed away in a closet that she wanted them to have.

Her younger Husband at that time took all of the cash after her death and said he needed the money for bills. He also kept away then moved from my family because it was learned that he was seeing my grandmother's home care attendant. When he left he took the passbook with him. My mother beleives he also emptied out her bank accounts but I dont agree. Could he have taken the money although the account was in both their names?:confused:
Thanks for your advice.
How on earth are we supposed to answer this:confused: ~ The FA crystal ball is on a cruise in the middle of the Mexican Riviera and refuses to respond to my blackberry messenger requests for insight, so you're out of luck.
 

ecmst12

Senior Member
I think he meant, would the bank have ALLOWED him to take out all the money without the consent or knowledge of the other person on the account.
 

Antigone*

Senior Member
I think he meant, would the bank have ALLOWED him to take out all the money without the consent or knowledge of the other person on the account.
Well, I don't think the bank would have allowed anyone other than an account holder to withdraw money. Having said that, if hubby had wife's ATM card and knew her PIN number then the bank was not the one who "allowed" that transaction ~ wife did.

I'm wondering why this is important now, three years later.
 

anteater

Senior Member
If there was no will, the husband was the legal next of kin and would inherit everything, including her rights to the joint bank account.
Not exactly. The surviving spouse would be entitled to the first $50,000 plus 1/2 of the remainder of the estate.

...including her rights to the joint bank account.
But if the owners were grandmother and mother with right of survivorship, where do the surviving spouse's rights come from?
 

Dandy Don

Senior Member
If you know the name and the address of the bank, contact the bank to see what information is available on this account. It is not very likely that the husband could have taken the money out of an account with someone else's name on it as joint co-owner. If the money is there, the bank can not release it to anyone but the executor of the estate so the executor can distribute it to the legal heirs. Was probate open on this decedent's estate at the county courthouse probate court or was no probate done? If no probate was done and the money is still in the bank, you or your attorney can file papers at the county courthouse probate court to open up probate. You may also want to check the New York State's Unclaimed Property website to see if the money is there, but if I remember correctly the account has to be dormant for about 5 years before the bank is required to turn it over, so it is possible the bank may still be holding on to the money.

DANDY DON IN OKLAHOMA ([email protected])
 

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