CDs

North Carolina Divorce Law Divorce and Separation Answers
1

If the property is his separate property you would not have a claim to these assets if you divorced or if he died, if his parents are joint account holders, these assets would go directly to them if he died. If they were marital assets and he placed them in an account with his parents as beneficiaries, you could contest the distribution of these assets upon his death.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

My marriage is in crisis in part because of issues related to my husband’s overattachment to his biological family. He has opened up 35K in CD’s and one “bridge account” with the North Carolina State Employee Credit Union. He has said that the money in these accounts will go to his parents in the event of their death. They live overseas but are not in need of this money. They are not American citizens.

I do not know for certain whether or not he has listed them as beneficiaries or if they are co-owners of the CD’s/bridge account.
But if he has and in the event of his death, would I be able to contest in some way and receive all or part of the money. This isn’t likely to happen, but I was told they would not go through probate. We do not have any children. These accounts make up almost all of his separate assets.

Obviously there are marital issues to deal with but I really want to know this information before taking next steps.