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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47229 Surrogate Nahman THE DECEDENT died in the Sept. 11, 2001 World Trade Center attack, having $656,944 in three bank accounts. After his employer’s Sept. 14 deposit of $58,264 into his checking account, the decedent’s fiancee, claiming to hold the accounts as a joint tenant with a right of survivorship, withdrew their balances. The court ordered the fiancee to pay $58,264 to the estate, finding that because the decedent retained the right to change his “direct deposit scheme,” the amount deposited into the checking account was not a gift of future earnings. The account balances at the time of the decedent’s death belonged to the fiancee. A presumption of joint survivorship existed because bank employees testified that all joint accounts stated that: “[A]ccounts with multiple owners are joint, payable to either owner or the survivor.” The estate’s administrator did not establish fraud, undue influence or incapacity sufficient to overcome the presumption.

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