Legal Question in Wills and Trusts in Montana

My mother passed away in jan. naming my sisters and I as the personal represenatives in her will. In Dec. she had divorced her husband, Roger. The bank has told us that we can have no access to her bank account as it goes to Roger. If we were to take the divorce papers in would the bank then give us access or is there some crazy loop hole where the ex husband can end up with the money?

Asked on 2/17/11, 12:00 pm

1 Answer from Attorneys

Mark Anderson Mark Anderson, Attorney at Law, PLLC

You may want to find out how the bank account was titled. It sounds like it was held as joint tenants with right of survivorship. If so, then it would pass automatically upon death. You might want to talk to the lawyer handling the probate about the issue. What does the divorce decree say about the account? The account may not have been updated pursuant to the decree. I would suggest that you discuss the issue with the attorney handling the estate.

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Answered on 2/17/11, 1:45 pm

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