found out sisters ex-husband is still listed on joint bank account after her death

[lilliant10]

What is the name of your state (only U.S. law)? Tennessee

My sister recently passed and we found out that her ex-husband is still listed as joint with right of survivorship on her checking account and also on a money market account. They had been divorced for over 8 years. Confused by what to do and what the family rights are. In looking through her papers we found many bank statements with her ex-husbands name clearly listed on them. I can't believe that she would want to leave this money to him. The divorce decree gave her possession of the accounts but never mentioned about what to do at death. Is there something the family can do??

 

[Silverplum]

What is the name of your state (only U.S. law)? Tennessee

My sister recently passed and we found out that her ex-husband is still listed as joint with right of survivorship on her checking account and also on a money market account. They had been divorced for over 8 years. Confused by what to do and what the family rights are. In looking through her papers we found many bank statements with her ex-husbands name clearly listed on them. I can't believe that she would want to leave this money to him. The divorce decree gave her possession of the accounts but never mentioned about what to do at death. Is there something the family can do??

The family can notify the legal owner of the accounts.

 

[Zigner]

It may not be so simple. If there is a court order giving ownership of that money to the deceased, then the ex may not legally "own" the money.

However, the OP ALSO states that the deceased was clearly aware of the ownership situation based on the numerous statements received over the years. It can be argued that the deceased knew exactly what she was doing.

 

[lilliant10]

The banks say the accounts belong to the ex-husband and have released the funds. We gave them a copy of the divorce decree but they say that it does not change the beneficiary.

 

[Just Blue]

The banks say the accounts belong to the ex-husband and have released the funds. We gave them a copy of the divorce decree but they say that it does not change the beneficiary.

How much money was in the accounts? How much money are you willing to spend to deal with this issue?

 

[Zigner]

The banks say the accounts belong to the ex-husband and have released the funds. We gave them a copy of the divorce decree but they say that it does not change the beneficiary.

I am going to change my stance a bit. Your sister had possession of the account and had 8 years in which to change the beneficiary. She was clearly aware of who the beneficiary was and chose not to change it. Your sister's wishes were clear.

 

[lilliant10]

Money is tight so don't want to take on a case we can't win. Just wonder if there is any law that would be on my side?

 

[curb1]

You need to be real nice to ex-husband and beg. Otherwise it is his money to spend on a new wife.

Why didn't anyone get this changed? That was a "no-brainer".

 

[davidmcbeth3]

Money is tight so don't want to take on a case we can't win. Just wonder if there is any law that would be on my side?

I think people answered your question ... re-read and post a specific question.

 

[lilliant10]

Someone told me that there might be some type of revocation of the account based of the divorce decree. That it was property that was divided at the divorce and was my sisters only. Not sure why she never changed it. She never remarried.

 

[Silverplum]

Someone told me that there might be some type of revocation of the account based of the divorce decree.

Unless that person was a local attorney, I wouldn't give the statement weight. The bank already acted in the legal manner: if you have any questions, you should ask the bank.

That it was property that was divided at the divorce and was my sisters only. Not sure why she never changed it. She never remarried.

She had years to change it and didn't. It's a common post-divorce behavior. The bank was never obligated to follow her divorce decree: it was her job to take over the account/s (which she did) and properly plan her estate (which, according to you, she did not.)

It's very simple. The X is listed on the account as having the right of survivorship. The bank gave him the money, because it's his.

 

[davew128]

I am going to change my stance a bit. Your sister had possession of the account and had 8 years in which to change the beneficiary. She was clearly aware of who the beneficiary was and chose not to change it. Your sister's wishes were clear.

I will disagree in part. There is and was no beneficiary. It was a joint account. If she never made the change to take him off the account, he owned it as much as she did.

 

[Zigner]

I will disagree in part. There is and was no beneficiary. It was a joint account. If she never made the change to take him off the account, he owned it as much as she did.

Correct - I used the incorrect terminology.

 

[lilliant10]

I have tried to find other court cases like this but only find ones dealing with life insurance and retirement accounts. In those cases the ex won because the account was considered an expectancy not a result of a right of marriage - but wondered if this was different since it was a bank account.

 

[Silverplum]

I have tried to find other court cases like this but only find ones dealing with life insurance and retirement accounts. In those cases the ex won because the account was considered an expectancy not a result of a right of marriage - but wondered if this was different since it was a bank account.

It's not different. It's his money.