Legal Question in Wills and Trusts in New York

Money stolen from deceased boyfriend

My boyfriend was murdered on Nov. 28 2008. His family received a call from his bank regarding the daily withdrawals from his account. We later found out a female was taking money from his account. A total of 14,000.00 was withdrawn. The beneficiary on the account is his daughter who is around 9yrs old. The childs mother doesn't wish to prosecute. He has no other living children. Our son is deceased as well. Am I legally allowed to as the mother of his child (although deceased) to bring a claim against this woman. Can his family bring charges agaiinst her for this crime and create a claim for her to return his funds.


Asked on 3/10/09, 3:34 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Money stolen from deceased boyfriend

I would contact the District Attorney's Office and file the charge. You can deal with the legal aspects later. Worst case, the DA decides not to prosecute.

Mike.

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Answered on 3/10/09, 3:40 pm


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