Elder Abuse

questions & answers

Question: 20 years ago I signed a prenuptual agreement. I am 90 and this is my second marriage. After an argument my husband took my name off the account and put his daughter on it. She has since "borrowed" money. To keep the peace I have let them do it. What can I do?

Answer: The facts you described prevent a clear answer. Normally, when bank accounts are in the name of two co-holders, one person cannot remove the other’s name/ownership without her written consent provided to the bank. Therefore, unless this type of account gave your husband unfettered discretion to change the co-holder without your consent (unlikely, but if so, you have no obvious recourse), the bank wrongfully allowed him to do so. This is even more unlikely, but if it occurred, you have recourse against the bank.

QUESTIONS

  • 20 years ago I signed a prenuptual agreement. I am 90 and this is my second marriage. After an argument my husband took my name off the account and put his daughter on it. She has since "borrowed" money. To keep the peace I have let them do it. What can I do?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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