Joint Account Dispute Resolution
Summary
The user is facing a dispute over a joint bank account after the death of the co-holder. The bank allegedly gave the money to the deceaseds wife and denied the existence of the account. The user has proof of the account and had an agreement with the co-holder about the distribution of funds upon death. The user has sought legal help but has been advised to leave the bank alone. The user has also contacted the Comptroller of the Currency but received no help. The user is now seeking further legal advice.Full Conversation
A bank gave the money out of my account to my joint account holder who had passed away's wife and now I can't get my money what do I do
What type of account was it and did it have a "right of survivorship" clause?
A joint bank account and what is a right of survivorship clause
A "right of survivorship" clause means that if one account holder dies, the remaining balance goes to the surviving account holder. Did your joint account have this clause?
No there was not one of those only that if one of died whoever died their child received * dollars and the living got the account but if both died then both joint accounts children became beneficiaries
Did you have any written agreement with the bank or the other account holder about the distribution of funds upon death?
Yes one when account holder died the other died and the one still living became the soul account holder and one whose died beneficiary collects * dollars but no money out of the account if both died then both beneficiaries split the money in the account and * dollars
Did the bank provide a reason for giving the money to the deceased account holder's wife?
They denied it and said my account didn't exist when I have proof it did.
What proof do you have that the account existed?
A copy showing we overdrew on our account and the bank account number
What steps have you taken so far to resolve this issue with the bank?
Wrote controller of currency took an attourney and found out the wife had several bank accounts there and then the attorney went up to the bank manager came back and told me never to come back again and to leave them alone
What was the response from the controller of currency when you wrote to them?
In Michigan, joint bank accounts usually pass to the surviving owner. However, your agreement seems different.
In Michigan, joint bank accounts usually pass to the surviving owner. However, your agreement seems different.
They said I have until I die to figure it out
What was the exact amount in the account at the time of the other account holder's death?
*,*
What was the name of the bank where you held the joint account?
Citizens bank
What was the response of your attorney after meeting with the bank manager?
In Michigan, joint accounts usually pass to the surviving owner. However, your agreement seems different. You may need to take legal action.
In Michigan, joint accounts usually pass to the surviving owner. However, your agreement seems different. You may need to take legal action.
Standard federal
What did your attorney mean by "Standard federal"?
No it was a standard federal bank and the attorney told me to leave and never come back and to leave them alone
What actions did the attorney suggest you take after the meeting with the bank manager?
In Michigan, if a bank violates an account agreement, you may have grounds for a lawsuit.
In Michigan, if a bank violates an account agreement, you may have grounds for a lawsuit.
They told me to leave them alone and never to bother the bank again
What was the reason given by your attorney for advising you to leave the bank alone?
Didn't give me any reason
What steps have you taken since your attorney advised you to leave the bank alone?
I wrote the comptroller of the currency and they record of a different account we had with our names on it
What was the response from the Comptroller of the Currency regarding the different account?
They said nothing
What was the balance in the different account that the Comptroller of the Currency acknowledged?
I don't know I never found out
What steps have you taken to find out the balance in the different account acknowledged by the Comptroller of the Currency?
None
What is the name and contact information of your previous attorney?
Why
I'm asking for your previous attorney's contact information to better understand your case and possibly suggest a course of action.
I don't know her name I forgot I'd have to look and I don't want to talk to her again she lied to me and said my bank account didn't concern me
What evidence do you have that your attorney lied to you?
I called later that evening and they asked if I needed more check from the account
What was the response from the bank when you called later that evening?
She asked if I needed more checks and told me I needed to take a death certificate into the bank to get more checks
What was the bank's response when you presented the death certificate?
That the account didn't exist
What steps have you taken since the bank claimed that the account didn't exist?
I got another attourney
What actions has your new attorney suggested you take regarding this issue?
He started working on the case but said he couldn't go any farther and he couldn't do anything
Why did your new attorney say he couldn't proceed further with the case?