Q: Can a party in a matrimonial action claim a joint account with a deceased parent as an inheritance and not subject to
Equitable distribution
A: While this question was hypothetically raised in a case shortly after the equitable distribution law was passed in NYS, I am unaware of a definitive case on the matter. The statute does specifically exclude such money from being a marital asset, but it would appear that is should be, given that the source of the funds was from a third party, as gift or devise, and if kept separate and apart from any marital assets (e.g. not commingled, it should be characterized as separate property.
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