Legal Question in Family Law in Maryland

Re: Failure to Remove Spouse's Name from Joint Account - Right of Survivorship

Under the facts you describe, it was the clear intent of the the parties and of the court that each ex-spouse's property would be solely their own. The assets of the bank account were clearly meant to belong to the husband, alone. Due to the ex-wife's having her name still on the account, solely due to an error of the ex-husband, the grasping [insert naughty word here] wants to try to rob her ex-husband's rightful heirs and legatees.

At least, that's the way I see the facts as you describe them.

The ex-wife would have, at most, a bare legal claim which presumably she can assert in probate court, in a claim against the ex-husband's estate. Since this would be an equitable proceeding, however, it is very unlikely she would be allowed to keep the proceeds. The court would attempt to "do justice", i.e., effectuate the true intent of the parties.

I would imagine that when the truth was disclosed in court that the claim was completely frivolous, the ex-wife would also be hammered with thousands of dollars in court costs and attorney's fees.

So, be my guest, "go for it."

Re: Failure to Remove Spouse's Name from Joint Account - Right of Survivorship

It depends on how the account was set up, and also the language of the separation agreement. If the agreement specifically described this account as belonging to the husband, it should become part of his estate. On the other hand, if it was set up as a survivorship account, the bank will probably let the ex wife, as the survivor, take control of the account. If you are writing on behalf of the ex husband's heirs, you might contact the ex wife and try to get her to sign the account over to the estate.