What to do if my mother recently died and her divorce was finalized 5 months ago but she failed to make remove her ex’sname from her bank account and car title?

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What to do if my mother recently died and her divorce was finalized 5 months ago but she failed to make remove her ex’sname from her bank account and car title?

The divorce decree states, “All jointly held property has been divided according to the wishes of the parties since the separation. Each party is ordered and directed to exucute and deliver to the other such assignments, bills of sale, deeds or coneyances of record that may be necessary to carry the terms of the division of the property into effect, and in the event either of these parties fails to do so, then this decree shall operate as such conveyance”. Do I have any legal recourse?

Asked on June 16, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  You need to be appointed as the Personal Representative of the estate asap and make sure that the bank knows that he is legally not supposed to be on the account.  Seek hekp from ana ttorney to make sure that all involved are aware.  One needs to read the entire divorce decree in order to let you know how to proceed but from what you have written here it appears that you as the PR will have to the right to claim the funds as part of the estate and change the title accordingly.  Good luck.


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