NY estate planning probate law, distribution of inheritance

Can we still inherit our uncle??: My uncle lived in California for over 40 years he had businesses and lost , I know that he had about 400,000 or more in the bank before he got on social security and put all that money under one of his friends bank account because he was scared that his money will be taking or he might get jailed. He later died of a heart attack , and that money was still in his friends bank account . Is there anyway of inheriting that money because he didnt have any kids except for me and my brother but we lived in NY ?? Or what legal actions can we take against this man thats now spending that money overseas?? - Is this your question? Add additional information
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Answers (2)

Gabriel Cheong

Gabriel Cheong

Contributor Level 7
Note that I am not licensed to practice in your state.

Unless you can prove that your uncle had no intention of giving him that money but rather meant the friend to act as a trustee of sorts, then I'm afraid the money is gone.
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Keith

Would you have any way of knowing whether your uncle would have given this man a signed power of attorney?

Check at the surrogate court to find out if anyone has filed to open up probate on this man's estate. If not, then you should seriously consider hiring a probate attorney to do so. Your uncle may have other valuable asserts (BESIDES THE BANK ACCOUNT), such as stocks, bonds, pension, real estate, etc. that need to be claimed, and the executor can claim these assets and order previous year tax returns to see what his financial situation was.
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