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We are inheritance recovery lawyers. If your inheritance was stolen, we may be able to help you get it back.
When inheritance is stolen, the beneficiaries, through its personal representative (the executor or administrator), attempt to recover the inheritance by requesting for its return or filing a case to demand its return.
The legal strategy used in obtaining stolen inheritance depends on the type of property stolen. The first step is to just request the property to be returned verbally, or if still unreturned, with a demand letter. If stolen inheritance is still not returned, despite demand, court intervention is required to obtain the stolen inheritance.
Personal Property
When stolen inheritance consists of movable property, the legal strategy in returning it back to the estate depends on whether it is a personal property that has a record of title or ownership or a bank account.
For personal property with no record of title or ownership, such as clothes and jewelry, getting it returned to the estate will be a more difficult feat. The possessor of the decedent’s clothes or jewelry can always claim that the decedent freely gave such item as a gift prior to death. However, if the executor or administrator included such jewelry or clothes in the inventory, it is easier to prove that the third party stole the personal property after the decedent died.
For personal property with a record of ownership or title, such as cars, a third party’s possession of such property does not presume that such property was transferred, unless there is a deed. Usually, a simple request to return it will suffice, especially since there is a record of ownership. If still unreturned, the beneficiaries, through the executor or administrator, can file a turnover petition to request the return of such property.
Bank Accounts
For bank accounts, state banking laws usually apply. Most common issues on stolen bank accounts refer to joint bank accounts, but allegations of stolen inheritance can also be made on bank accounts with beneficiaries.
For joint bank accounts in New York, the beneficiaries should always raise the issue of a joint account for convenience. Under this rule, a joint bank account for convenience is an account established for the ease of financial transactions of only one joint owner. 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. For this reason, this joint account for convenience solely belongs to the decedent’s estate. A turnover petition can demand the return of the contents of a joint bank account for convenience to the estate.
For bank accounts, insurance contracts, or other types of accounts with beneficiaries, stolen inheritance lawyers can object to the designation of such beneficiary, using the same grounds to set aside will: lack of capacity, undue influence, and fraud.
Real Property
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. 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.
The Discovery and Turnover Petition
When assets of the estate are in the hands of a third person, a discovery petition can be filed by the executor or administrator to find out where the assets are. This 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, can also be utilized to find the assets of the estate.
After the discovery petition, the persons who hold the estate’s assets are identified. At this point, a turnover petition is filed, requesting for such third person to turn over the stolen inheritance from the decedent’s assets to the estate.
Recovering 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].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
