When a person passes away many people have a tendency of ransacking the decedent’s home and absconding with property. Co-Signers run to the bank to empty the safe deposit box (which they are NOT allowed to do in New York), people with access to the house take all types of personal belongings (so you know, the door locks should be changed immediately), and some people illegally use the decedent’s credit cards. Other people will accumulate mail containing financial information, then act as they see fit. Other times people will have an incapacitated person sign a Power of Attorney or blank checks, or even forge the signature. When that person dies the property that was supposed to go to one person goes to someone else.
I tell myself I have seen every possible example of people absconding with an estate’s property…and am then impressed when I see the next creative example attempted. As possession truly is 9/10th’s of the law, reclaiming stolen property is often quite difficult. In New York this is sometimes accomplished in a “Turnover Proceeding.”
Turnovers in New York are governed by SCPA Section 2103. The Surrogate’s Court is permitted to reject the proceeding and make the parties wait until the Accounting of the Estate, but in several circumstances allow the proceeding when they believe time is of the essence or the circumstances justify their time. If a party who is permitted to claim property does not know what assets there were the Court permits an initial round of legal discovery of the presumed absconder. If the beneficiary does know what the property was that was taken they can move directly to the disclosure process and demand the absconder turn over the property. This can include depositions, specialists, trial, etc.
Beneficiaries who believe their family’s property has been removed should contact an attorney IMMEDIATELY and be patient: Turnovers take many months (sometimes years), and may be costly, so choose your attorney wisely.
