Rights of Joint Account Holder Upheld Against Estate Administrator

Estate administrators commenced a proceeding against our client in Westchester County Surrogate’s Court seeking the turnover of monies from joint bank accounts from which our client had received funds. Schillinger & Finsterwald moved to dismiss the claims against our client.

The Surrogate’s Court dismissed the entire proceeding against our client as untimely because the administrators knew of the existence of the monies and waited many years after the decedent’s death to sue.  The Court also rejected and dismissed the administrator’s claims of fraud.

*Prior results do not guarantee a similar outcome.