The early bird often gets the worm, even if he was not supposed to. When a person passes away many people have a tendency of ransacking the decedent’s property. Co-Signers often run to the bank to empty the safe deposit box (which is illegal in New York), people with access to the house take all types of personal belongings, and some absconders legally use the decedent’s credit cards. Outsiders may redirect mail containing financial information to their own addresses, 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 devious, 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 it believes time is of the essence or the circumstances justify its resources. 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.
But beware: People have abused the courts in the past by lying to them about family absconding so decades-old grudges can be aired. And sometimes the property in question was legitimately gifted before the decedent passed away. And so the courts, being imperfect, can really screw things up as well. Have ample evidence and act with speed: Once property is removed from an estate for a lengthy period of time it is very hard to retrieve it.
Beneficiaries who believe their family’s property has been removed should contact an attorney and be patient: Turnovers take many months (sometimes years), and may be costly, so choose your attorney wisely and be ready for a long proceeding.
