Withdrawing Money of Late Former Husband from ATM
In People v. McManus (138 Misc 2d 546 [Sup Ct, NY County 1988]), the defendant, on the death of her late, former husband, withdrew funds from an automated teller machine wherein she accessed a Totten trust account held in his name in trust for herself.
She was charged with grand larceny in the third degree.
In dismissing the indictment, the court found that one cannot commit larceny when one takes their own property.
The court found that upon the death of the depositor, title vested in defendant.
The McManus court found that it was the burden of the prosecution to demonstrate that the decedent depositor properly revoked the Totten trust in a manner provided under EPTL 7-5.2 (1) or (2).