Legal Question in Family Law in Virginia
Separation agreement states ex-husband and I would split JOINTLY owned savings bonds. We are now divorced - decree says nothing about this. Ex-husband is now deceased and his bonds are held by our son (not named on the bonds; he is executor). US Treasury rules states if one person named on bond dies, the bond is now owned by other owner. Which takes precident: US Treasury rule or separation agreement.
1 Answer from Attorneys
So, you're now claiming that you now own your former (deceased)husband's bonds by virtue of your name remaining on the instruments after the divorce despite the language of the property settlement agreement (PSA) indicating that they were to be jointly divided and effectively transformed into the sole property of each spouse?
I believe I would side with the PSA as to the ownership of these bonds, i.e., the estate of your now deceased former husband.
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