QUESTION

hi, can i claim my deceased grandfathers funds even though my dad is alive?

Asked on Feb 24th, 2021 on Estate Planning - New York
More details to this question:
my grandfather left money in a bank and my dad doesnt want to claim it. Am i able to claim it, or must it go to my dad who is a closer heir?
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2 ANSWERS

Estate Administration Attorney serving New York, NY at Damien Bosco, P.C.
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Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. It could be possible for you to inherit the funds if you are the successor beneficiary on the account if your father is the designated beneficiary. He could disclaim the funds and then the funds would go to you.  If you are not listed as a successor beneficiary, he can still disclaim the funds. The funds would go into your grandfather's estate. Generally, an heir or beneficiary of an estate can disclaim or renounce a bequest if the beneficiary or heir never has never taken receipt of the money. If your Father is the named beneficiary on the bank account, then possibly the bank could inform him of what the bank needs from him to disclaim the funds. If he is not the designated beneficiary or you are not the successor beneficiary of the account, then your Father or another heir would have to become the fiduciary of the estate wherein your Father would have to renounce his property interest and that money would then be distributed to the heirs of your grandfather other than your Father. If you are the only heir (meaning your grandfather had no other living children at the time of his death), then the money could go to you. If you need any assistance, a New York Trusts & Estates Attorney may be able to help you. If you wish to speak on the phone about it, you can call me at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Feb 25th, 2021 at 6:44 AM

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Wills Attorney serving Austin, TX
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Assuming that both grandparents are deceased, their children are the heirs, not you.  When your father dies, you may make a claim. 
Answered on Feb 25th, 2021 at 5:18 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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