Legal Question in Wills and Trusts in New York

I lived with a senior for 18 yrs. She is in a nursing home now. I am not listed on her bank account, but she verbally gave me permission and her banking information for me to pay her bills or to use some of the money for my needs. I am listed as a transfer account because she always transferred money to my account for her share of the bills. Is it legal for me to transfer money now and what will happen to her money if she dies? She has no will and wants nothing to do with her family. They do not want nothing to do with her either.

Asked on 2/05/18, 10:18 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

I don't know what a 'transfer account' is.

Unfortunately 'verbal permission' to access her banking accounts isn't worth anything under the law, which I'm sure you know, as well as the without a will her closest relatives will inherit everything.

If she still has mental capacity, you can find a lawyer who will go see her and make a will for her, or she can gift assets to you if that's what she wants. If she doesn't have mental capacity any longer then there's nothing you can do. Her money is probably going to be used to pay the nursing home anyway.

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Answered on 2/05/18, 10:55 am

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