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You may find yourself in a situation where your uncle transferred your inheritance to himself. This can be an inheritance that you were expecting from your grandfather or grandmother, uncle or aunt, or even your mother or father. If your uncle transferred your inheritance to himself, your uncle’s liability to defend that transfer will depend on his relationship with the person whose money he transferred, your relationship with that person, and the kind of transfer it was.
Contesting your uncle’s transfer of someone else’s money to himself will require more information in determining the liabilities of the affected persons.
For example, if your uncle transferred someone else’s money to himself because he had the authority as POA, this transfer can be considered self-dealing. He can be liable, not only for the amount of the transfer, but for punitive damages as well, due to the breach of his fiduciary duty.
If your uncle transferred someone else’s money to himself as a joint account holder, you can contest the transfer on the ground that the joint account was not of survivorship but of convenience. Thus, that amount should have not been transferred to your uncle as a joint owner but to the estate of the original account holder.
Lastly, transferring someone else’s money to himself without any authority or under no framework of agency or joint tenancy can be considered larceny, embezzlement, misappropriation, or robbery, depending on how the taking of someone else’s money was committed.
Many issues can arise out of a simple transfer of money. Disputes may arise especially when money is involved. Should you need assistance in contesting a money or property transfer to your uncle, 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].
