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Beneficiary rights?

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Honeyboy

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

Do I, as an equal beneficiary in my father's estate, have the right to examine all documents involved in the estate, including the Signature Card of the bank account my father held at the time of his death, while the probate ongoing?

The executrix is also an equal beneficiary and has refused me proof of whether the acct was a Personal Acct with a 2nd party signatory, OR a Joint Account with Right of Survivorship. The estate atty has told me they do not have permission from the executrix to speak with me.

The 2nd name on the acct. is that of the executrix, and she has listed the account with the Probate court as Non-Probate Funds and the court has just taken her word.
 


anteater

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

Do I, as an equal beneficiary in my father's estate, have the right to examine all documents involved in the estate, including the Signature Card of the bank account my father held at the time of his death, while the probate ongoing?
As an interested party, yes. But that does not mean that you can just go to the bank and expect to have them show it to you. (I guess I should hedge that since bank personnel sometimes do odd things that they really should not do.) You will have to petition the court to order the executrix to prove that the account was co-owned with right of survivorship. And, unless you can figure out how to write and present such a petition, you will probably need an attorney.

(Any chance that you can get a look at the statements for that account? If the account was co-owned, the statement should carry both names.)
 

Honeyboy

Junior Member
Thanks

I spoke to the Help Center at the court and they said the same thing, that I have to file some kind of "Contest" or petition and use an attorney to do it. Seems a bit much when I just want verification of the status of that one account.
However, since there are other problems with how she is administering the estate (incomplete inventory, lack of yearly accountings, etc), I'm considering a petition to have her removed as Executrix, replaced with a Non-Interested 3rd party (who would be paid from the estate) and request that they review everything that has been done to this point. I am hoping that I can just have a PARALEGAL service do that paperwork.
Any thoughts?
 

Honeyboy

Junior Member
Some news

I have found an attorney in NY that specializes in Probate Fraud etc. She is reviewing what paper there is but says that sometimes the court will only release the info if there is proof of representation. which I guess means that I HAVE to hire her or give it up.
Seems to me the executrix should just have to go by the rules. period.
You would think the court could simplify basic things like this but hey, That's why I'm not a lawyer.
 

anteater

Senior Member
Well, you have to remember that probate is a legal process and subject to court procedures.

In some states, the procedures for probate are relaxed some, court personnel are able to give some amount of guidance - but guidance that stops short of legal advice - and, overall, the court cuts the interested parties some slack.

However, my impression is that New York is pretty formal. Unless your are willing to spend a fair amount of time learning, it's best to have an attorney.
 

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