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Divorce - Spouse's rights to my mother's accounts on which my name also appears

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CroweW

Junior Member
What is the name of your state? NY

I posted this a while ago and got no response, but I'm trying again. Several years ago, upon my father's death, my name was added to my mother's bank and investment accounts to provide easier access in the event she became incapacitated. Should I divorce (I am currently married, living apart, but not legally separated), what rights would my spouse have to this money?
 


stealth2

Under the Radar Member
A lawyer would be best able to answer your question. However, since your name is on it, you would likely have to disclose the account, and then prove that none of the money is yours. She would likely try to argue that you've been using it as a way to stash money from the marriage. Talk to a lawyer about how to best handle this.
 

LegalBeagle

Senior Member
CroweW said:
What is the name of your state? NY

I posted this a while ago and got no response, but I'm trying again. Several years ago, upon my father's death, my name was added to my mother's bank and investment accounts to provide easier access in the event she became incapacitated. Should I divorce (I am currently married, living apart, but not legally separated), what rights would my spouse have to this money?
Providing the main account holder is your mother, and she is still alive, and your spouse is not listed on the account.. then your spouse can not touch it..

However, you need to ensure you discuss this with your attorney when you do decide to divorce.
 

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