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Ray
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Experience:  30 years in civil, probate, real estate, elder law
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If signing rights to the bank accounts of a deceased parent

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If signing rights to the bank accounts of a deceased parent in New York State were "obtained" by one of the children under disputed circumstances PRIOR TO the parent's death, does the other child get to sue for recovery of this money in Surrogate Court or is the New York State Supreme Court atXXXXXthe correct court? Were this law action to be heard in Surrogate Court and the outcome not acceptable to one or more parties, where would any appeal be heard, a U.S. Court of Appeals?  No will was left and estate administrator petitions are likely.


RayAnswers :

Thanks for your questions and good afternoon.Usually this kind of suit is brought by the estate and the personal representative.The estate lawyer would pursue this because the funds otherwise would be part of the estate.Assuming this is brought on behalf of the estate and the heirs then it would be filed in Supreme Court Civil Division assuming it is more than $25k.

RayAnswers :

Reference for you here...................................................The Supreme Court, Civil Branch, New York County is a trial-level court, the highest such court for civil cases in the state court system in New York County. Cases are decided in this court in the first instance. Some decisions from this court may be appealed to a higher court, the Appellate Division, First Department,XXXXX New York, New York 10010.


Located in the New York County Courthouse, the Supreme Court's main courthouse atXXXXX is another appellate court, the Appellate Term. This court hears appeals from the New York City Civil Court and the New York City Criminal Court for New York and Bronx Counties, including the Housing Part and the Small Claims Part.


Cases are commenced in Supreme Court by filing of initiating papers, pursuant to the relevant code of civil procedure, the Civil Practice Law and Rules, with the County Clerk of New York County in Room 141B atXXXXXin Manhattan

RayAnswers :

Here is more contact information etc.

RayAnswers :

Probate would be filed in Surrogate Court appointment of a personal representative.Then a civil suit on behalf of the estate for these funds would be filed in Supreme Court Civil Division.

RayAnswers :

Any proceeds would go back to the estate for distribution.

RayAnswers :

It is possible for you to pursue a civil suit directly if the funds belonged to you directly, if the deceased was the person the funds were lost from the estate has to pursue them on a civil suit judgment.Once there is a judgment is the person was an heir their share of the estate can be taken and made part of the estate for the remaining heirs.Again this is usually done through the estate and personal representative bringing a civil suit here.

RayAnswers :

It has been my pleasure to assist you today.Please let me know if you have more follow up.I am so sorry for your loss and having to deal with all of this.Thanks again for letting me help and good luck to you..

RayAnswers :

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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

RayAnswers :

In case you need a local lawyer to open probate and file the civil suit, etc. you can locate one through the NY bar..

RayAnswers :

Thanks again.

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