I live in Texas and I have a joint account with my name and my mothers name (who lives in New York). I recently got divorced a week ago and found out that money was missing out of that savings account. I reviewed all of my statement going back 3years and a substantial amount has been withdrawn every month up to the divorce. My mother’s first name is the same as my ex-wife but the last names are different. In the account I did not have my mother’s birthday or social. Can I take her to court for theft?

You certainly should ask the bank to produce copies of the withdrawal forms and if the signature does not match your mother's signature you can consider whether to pursue criminal charges (Forgery, embezzlement) against your wife and a civil claim against the bank for not taking the proper care of the funds.

However if your Mom's signature is not on file and you haven't provided a way for the bank to correctly identify the second person on the account, then the bank is not at fault.

However, if your wife knew that that money was not her's than its forgery and signature. See if the County Attorney will prosecute.

I need to get as much information and advise as I can because she took 40k. The money was saved for funeral cost and any dept that she might leave behind. My mother is 80yrs. Old.

MP,

Federal Authorities take a dim view of people absconding from banks with large sums of money.

It's considered bank robbery, which is a Federal issue.

You need to talk to the Duty Agent in the FBI for your area. Dump everything you have on their desk and see if they are wiling to bring her fanny in for questioning. Do it now, any delay on your part makes the trail colder!

I don't think you need anything more than what Don has told you. Your ex stole this money, pur and simple. Whether the bank is liable for allowing the money to be withdrawn is a issue that we don't have enough info to advise on. But if your mother's name was on the account and not your ex, then she stole this money and you can press criminal and civil charges against her.