Litigating Accounts With Rights of Survivorship in Texas


In this article:

- I. Introduction

- II. Valid Survivorship Accounts

- III. Joint Accounts Between Spouses

- IV. Burden Of Proving Enforcable Survivorship Accounts

- V. Proving Contents Of Lost Bank Agreements

- VI. Ownership Of Funds In A Joint Account

- VII. Bank's Ability To Offset Funds In Joint Account

- VIII. Safe Harbor Provision Protecting A Financial Institution For Paying Funds in Accounts

- IX. Arbitration

- X. Claims Against Beneficiaries Of Accounts

- XI. Claims by Beneficiaries Against Finanicial Institutions For Not Paying Funds In The Account

- XII. Texas Supreme Court Opens Door To A Financial Institution's Potential liability For Failing To Set Up Account

- XIII. Conclusion

- Excerpt from Introduction:

This article is meant to be a practical guide for attorneys who must deal with issues concerning accounts with rights of survivorship ("JTROS"), whether that is in a joint account, a payable on death ("P.O.D.") account, or a trust account. There can be disputes regarding whether accounts have rights of survivorship, who owns the funds in accounts, and whether financial institutions are responsible for improperly setting up accounts.

This paper attempts to address these and other issues that arise from litigating accounts in Texas.

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