Lawyers for Defending Against Allegations of Stealing Inheritance in New York City

If you are being accused of stealing inheritance, our law firm is here to protect you from those allegations. Defending allegations of stealing inheritance requires an effective legal strategy and an understanding of often complex situations and relationships. 

Personal Property

If you are being accused of stealing movable property, the strategy to defend it would depend on whether it is personal property with or without a record of ownership or title.  

An allegation that personal property such as jewelry or clothes, that have no record of ownership or title, has been stolen is more difficult to prove. It can easily be claimed that such personal property was given as a gift by the decedent prior to his death. Lack of evidence is a very strong defense in this regard.

When personal property has a record of ownership or title, such as a car, a deed is generally required to transfer the property. Simply stealing possession of the car will not transfer ownership. If you are being accused of stealing a car with the decedent’s estate still having ownership over it, an effective defense would consent. In this case, you would claim that the decedent consented or authorized you to have possession over the car for your own personal use.  

When the personal property alleged to be stolen is money in a bank account, banking laws will apply. Issues about stolen bank accounts usually occur in joint accounts, but allegations of stolen inheritance have been made on bank accounts with beneficiaries. 

For joint bank accounts that are owned by two or more individuals:

–       When words of survivorship appear in the signature document, there is a presumption that the joint account is one of survivorship, and the death of one co-owner automatically transfers the contents of the bank account to the remaining co-owner/s. Although this is a presumption, it could be rebutted during trial by claiming that one of the four unities (time, title, interest, and possession) of joint tenancy with rights of survivorship is not present.

–       When the joint account does not include words of survivorship, one would argue in New York that it is a joint bank account for the convenience. A joint bank account for convenience refers to an account which was established for the ease of financial transactions of only one joint owner. Usually, in this type of bank account, only one joint owner contributes money to the account while the other individual is listed as a joint owner to manage the financial transactions of the principal joint owner. In a joint account for convenience, the contents of the bank account will be claimed by the estate of the principal joint owner. If you are the surviving joint owner who is being accused of stealing the inheritance of the beneficiaries, you can argue that it is not a joint account for convenience and the deceased joint owner intended at least one-half (1/2) of the account to be a gift to the surviving joint owner.

Real Property

When real property is being claimed as stolen, the common allegation is that the deed where the decedent transferred the real property to another is tainted by undue influence, fraud, lack of capacity, or breach of fiduciary duty, to name a few.

Most real property that is claimed as stolen inheritance involves the transfer of real property prior to the death of the decedent on the grounds of undue influence, lack of capacity, or breach of fiduciary duties.

Requesting the return of real property that was transferred prior to the death of the decedent will require a complaint requesting for the annulment of the deed, which is filed with the Supreme Court (if in New York). This is subject to statute of limitations, which prescribes a period with which you can request the recovery of the real property from the time it was sold. The statute of limitations depends on the ground for recovery. For example, for undue influence and fraud, the statute of limitations is 6 years from the time of the deed.

Defenses that can be raised against a complaint for the annulment of the deed are statute of limitations, presence of capacity, and absence of undue influence. The type of defense a stolen inheritance lawyer will utilize depends on the unique allegations of the complaint.   

Generally, however, if the medical records show that, at the time the deed was executed, decedent was not suffering from any mind-altering medication or illness, mental or otherwise that could weaken the mind, or the decedent had a strong mental capacity to make decisions that would minimize risk of fraud or undue influence, the possibility that the deed would be confirmed and sustained is more likely. 

The Discovery and Turnover Petition

When the executor or administrator finds that there are estate assets in the hands of third persons, they file a discovery petition to discover where the estate assets are. The discovery petition requests for an order directing a third person to appear before the court to be examined. Discovery procedures such as subpoenas and interrogatories, are also be utilized to find the assets of the estate. This discovery petition is simply to discover assets and does not allege any cause of action.

After the discovery petition when the persons who hold the estate’s assets are identified, the turnover petition is filed where causes of action are alleged. Here, the defenses are raised, depending on the alleged cause of action. A stolen inheritance lawyer will be able to prepare strong effective defenses based on the allegations.

Defending allegations against stolen inheritance can be a complex matter. Having an experienced estate litigation lawyer can increase your likelihood of success. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].