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What to do When One Won't Sign for Withdrawal

My new wife, shortly after her husband died, had a paper drawn up to be given to the banks that held her personal savings accounts left to her by her parents. She had it written so that both her son and she needed to sign to withdraw monies. The accounts have never been touched except for dividend checks that have been put in over the years (this was 16 years ago). She needs the money now and her son will not sign a check or a release of signature. The lawyer who drew up the letter is no longer alive. The son will not talk to her, and through relatives, she has heard that he wants money or her house. He lives in Canada she is in Florida. The paperwork was drawn up in Florida.

What recourse does she have? Can she just have money transferred out of her savings account into another account?

Untitled

Your wife can ask the bank whether it will recognize the provision in section 4-403 of the Uniform Commercial Code (UCC) that allows any one signer on an account to close the account. The bank may take the view that the letter of instruction it received years ago modifies that aspect of the UCC. In that case, your wife may need to seek legal advice, since her son refuses to cooperate.

Published on BankingQuestions.com 7/23/09