Legal Question in Banking Law in Wisconsin

My fianc�e and her 15 year-old son had a joint savings account in both their names only with her son listed as the Primary as the intent was for him to use this account for personal savings. She recently discovered that when her son was 12, his father, her ex-husband both currently and at the time, brought their son to the financial institution (Westconsin Credit Union) and somehow got his name added to the account, without her consent or knowledge, as a third joint holder. She received no notification from the financial institution and a review of recent monthly statements confirms her ex's name was not appearing on the statement. She only ever became aware because a few weeks ago, her ex-husband withdrew nearly $4,000 from the account. She has addressed with the bank, but they say "all policies and procedures were followed", and that to get the money back she needs to resolve directly with her ex. Does she have any legal recourse against the bank? Thanks


Asked on 11/09/15, 2:27 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

I would need to see all the bank paperwork to answer this, but a wild guess would be that it would be hard to recover. Since the father was legal guardian, he probably had the right to alter the accounts of a minor child, unless the divorce altered his rights and the bank was on notice of that change. The other parent, however, certainly should have been notified somehow, and the father's right to alter the rights of the mother without permission would be more questionable.

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Answered on 11/10/15, 7:25 am


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