Legal Question in Elder Law in New York

My brother used an invalid POA while our father was alive to add his name to our father's bank accounts such that they had joint ownership of them and then those accounts passed to him outside of probate when our father passed away. I had the only valid POA during that time period and also I am the executor named in our father's will. Could my brother be charged with criminal fraud or is this a civil matter?

I read that according to N.Y. C.P.L.R. ยง213(8), the New York State statute of limitations to bring an action based upon fraud is at most 6 years. Would that 6 years start from the adding of his name to the accounts or when?

Asked on 7/11/19, 9:27 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

The District Attorney isn't going to care about this. The Probate Court most certainly will; address your grievances in a Turnover Petition. You'll definitely get the money back into the estate if the facts are as you've say.

Good luck.

Read more
Answered on 7/11/19, 10:24 am

Related Questions & Answers

More Elder Law questions and answers in New York