Reference no: EM132209419

New York resident Esther Braunstein worked as an usher at Lincoln Center, held an administrative position with Citibank, was a school crossing guard, and assisted disabled persons and others as a volunteer on Roosevelt Island and at the New York Foundling Hospital. Before her death, she drew a $5,000 check payable to each of two of her daughters, Sandra Braunstein and Carol Russo. The checks were drawn on a joint account held in the names of Esther and Sandra. Carol did not cash her check until five months after Esther’s death. Sandra filed a suit in a New York state court against Carol to recover the funds. [Braunstein v. Russo, 988 N.Y.S.2d 521 (2 Dept. 2014)] (See The Bank’s Duty to Honor Checks.) (429, Miller)

1. Is one sister’s attempt to recover funds given to another sister by their mother always unethical? Who is legally entitled to the funds? Discuss.

2. If the check that Carol cashed five months after Esther’s death had not been a gift from Esther, but instead had contained a forged drawer’s signature, on whom could liability have been imposed? How might that circumstance have affected the ethics of the situation? Explain.