DECISION AND ORDER Plaintiff Marcos Andre de Almeida Vilhena (“Vilhena”) brought this action against Defendant HSBC Bank USA, N.A. (“HSBC”) seeking a declaratory judgment that he is entitled to the proceeds of three “In Trust For,” or Totten trust, accounts maintained at HSBC with account numbers ending in -456-4, -048-9, and -102-7 (the “ITF Accounts”). HSBC filed a counterclaim for a declaratory judgment (1) determining who is entitled to the proceeds of the ITF Accounts, (2) discharging HSBC from any liability following its turnover of those proceeds to the entitled individual, and (3) protecting HSBC from future claims concerning its distribution of the ITF Accounts’ proceeds. Now before the Court are letter briefs from Vilhena (see “Vilhena Letter,” Dkt. No. 26) and HSBC (see “HSBC Letter,” Dkt. No. 25) requesting summary judgment on their respective declaratory judgment claims. The Court construes such letters as motions for summary judgment. For the reasons set forth below, the Court GRANTS both motions. I. BACKGROUND The facts of this case are undisputed. In 2007, Vilhena’s mother Maria S. de Almeida (“Almeida”) and stepfather Ivan da Silva (“Silva”) opened four accounts at a New York office of HSBC. (Joint Statement of Undisputed Material Facts in Connection with Plaintiff’s Motion for Summary Judgment (“Joint SUMF”), Dkt. No. 27, at 1.) Three of the four accounts are the ITF Accounts at issue. (Id. at 2.) The ITF Accounts continue to have balances on deposit and have been maintained at a New York branch of HSBC at all times since their opening. (Id. at 4.) By letter dated June 27, 2010 (the “Silva Letter”), Silva instructed HSBC to remove Vilhena as beneficiary of the ITF Accounts. (Id. at 5.) The Silva Letter did not specifically identify any particular account or account numbers, did not contain Almeida’s signature, and did not contain an acknowledgement or other proof of execution in the manner required to entitle conveyances of real property to be recorded under New York law. (Id. at
6, 7.) HSBC has no record of any other correspondence instructing the removal of Vilhena as beneficiary of the ITF Accounts. (Id. at 7 n. 4.) To date, HSBC has not received a restraining order, injunction, or other process prohibiting payment of the funds in the ITF Accounts. (Id. at 13.) Almeida and Silva passed away in Brazil on November 23, 2012 and January 31, 2014 respectively. (Id. at
