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. §213(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?
1 Answer from Attorneys
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.
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