Family Legal Question

[LFD2037]

My 72 year old FIL went to the hospital for dehydration. By the time he got out & back home, his loser wife (my wife's step mom) had taken $40K out of their bank account & split.
She hasn't made $40K, total, in the last 10+ years so all this money is from him. Both their names are on his bank account. She's a piece of crap, & we're ALL glad she's gone, but this is BS. Does he have ANY options on getting this back?

[Grayson]

If it’s a joint account it is both their money and there’s nothing he can do about it. I’m not saying he might not get a pit bull divorce lawyer to get some back, but legally it’s more than likely hers now.

[Charles]

If the account is in both names, I doubt you have any recourse.

[systemnt]

besides finding his ex-wife and getting her to give it back? nope.

I'd get injunctions against her, and change up all the accounts, property, etc asap though. And put alerts/monitoring on his credit that requires his authorization. (lifelock, etc)...

[talleywack97]

Yikes, doesn't sound promising for the gentleman. But im also not a lawyer/l.e.o. either

[Fordnandez]

There is a special place in Hell for folks like that.

[Perkins7581]

Dang vultures that’s crazy.

[Stan R]

If her name was on the account... she has full access.

I would move all the money out so she can not get more.

Does she have access to other accounts?

[LFD2037]

If her name was on the account... she has full access.

I would move all the money out so she can not get more.

Does she have access to other accounts?

She has credit cards he opened for her, because she had zero credit. Her name is not on the mortgage but she is executor of his will!
Tomorrow I'm going to get him & take him to his bank to change/cancel whatever needs changing. Also, get the will change. He had a stroke about 5 years ago & ever since she's taken advantage of the situation. We also believe she's been over-medicating him because he'll get lethargic, slurring & fall down. Goes to the hospital & <48hrs later he's completely normal. They hospitals have kind of eluded to this as well. I really think she's been trying to slowly kill him so she could have everything. She had him change his will & told him not to tell us. Every time he went to the hospital she'd never tell us. This whole situation is so frustrating!!!!! She's never had a pot to **** in & he's always had his life properly lined out. This is a chunk of his retirement! He can't take care of himself 24/7 so we'll have to get a healthcare person for him. He already has one, because the wife refused to do it properly, but need a more permanent one. He wants to sale his house & move in with us so I guess that's what we'll be doing. SO MAD!!!!!!!!!!

[tvc184]

I am not claiming to know the answer but I am not so sure it even matters whose name is on the account.

[Black Ice]

My 72 year old FIL went to the hospital for dehydration. By the time he got out & back home, his loser wife (my wife's step mom) had taken $40K out of their bank account & split.
She hasn't made $40K, total, in the last 10+ years so all this money is from him. Both their names are on his bank account. She's a piece of crap, & we're ALL glad she's gone, but this is BS. Does he have ANY options on getting this back?

If that happened to me at 72 I think I’d track my wife down and make sure she was never seen again.


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[LFD2037]

Does it matter if he can prove this money is from his income & none is from her income?

[Begjason]

That sucks, I hope it all gets fixed!

[Lawhunter]

Community property

[Grayson]

Does it matter if he can prove this money is from his income & none is from her income?

Nope. Earned during marriage, presumed to be community property. And he commingled it in a joint bank account.