QUESTION
A bank has stated to us that my wife need to go to surrogate court to prove that she is a guardian of our child to gain access to an account, why?
Asked on Jul 20th, 2012 on Guardianship and Conservatorship - New York
More details to this question:
My wife''s aunt recently passed away. She had a savings account for each of my three children. On two of them, she named my wife on the accounts. The last child ( less than 1yr) the aunt did not place my wife on the account. The bank is telling us that she has to go to surrogate court in order to be named as guardian of the child''s account. Looking at the info from the local surrogate court, they state this usually done for assets above $10k. This account is not even $1K. Does she really need to do this?
1 ANSWER
Matrimonial Law Attorney serving New York, NY
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I cannot tell you that you do not have to go to Surrogate Court, as in the absence of a 'guardian' listed on an account, a petition in Surrogate Court is usually required. However, where the other accounts list your wife, it may be worth additional efforts on your (and your wife's) part to persuade the bank that the account be deemed to have your wife listed.
Gerry Wendrovsky, Esq.
www.upperwestsidelawyer.com
Answered on Aug 01st, 2012 at 7:48 PM