☰ Revisor of Missouri

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 369

Effective - 28 Aug 1983 bottom

  369.174.  Joint tenants' accounts, how handled. — 1.  When an account is opened or maintained in an association in the names of two or more persons, whether minor or adult, as joint tenants or in form to be paid to any of them or the survivor of them and whether or not the names are stated in the conjunctive or the disjunctive or otherwise, the account and all additions thereto shall be the property of such persons as joint tenants.  The moneys in the account and all earnings on the account may be paid to any one of such persons during his lifetime or to any one of the survivors of them after the death of any one or more of them.  The opening or maintenance of the account in such form, in the absence of fraud or undue influence, shall be conclusive evidence in any action or proceeding to which the association or any survivor or the personal representative of a deceased owner is a party of the intention of all the parties to the account to vest title to the account and the additions and earnings thereto in the survivor.  A person may be added or removed as an owner of an account upon the written direction of any owner of the account upon whose signature withdrawals may be made from the account.  By written instructions of all joint tenants given to the association, they may require the signatures of more than one of such persons during their lifetimes or of more than one of the survivors after the death of any one of them on any notice of withdrawal, request for withdrawal, check endorsement or receipt, or remove any such requirement, in which case the association shall pay withdrawals and earnings only in accordance with such instructions, but no such instructions shall limit the right of the sole survivor or of all of the survivors to receive withdrawal payments and earnings.  Payment of all or any of the moneys in the account or payment of earnings thereon as provided in this section is a valid and sufficient release and discharge of the association with respect to the moneys so paid prior to receipt by the association of a written notice from any one of the account owners directing the association not to permit withdrawals or make payments in accordance with the terms of the account or the written instructions.  After receipt of such notice an association may refuse without liability to honor any check, receipt or withdrawal order or pay any earnings on the account pending determination of the rights of the parties, but is not required to do so.  No association paying any survivor in accordance with the provisions of this section shall thereby be liable for any estate or succession taxes which may be due this state.  As to any minor who is the owner of a joint account or an interest therein, all the provisions of section 369.169 shall apply.

  2.  The pledge or assignment to any association of all or part of a joint tenancy account or the earnings thereon signed by any owner or owners whether minor or adult upon whose signature or signatures withdrawals may be made from the account shall, unless the terms of the account contract provide specifically to the contrary, be a valid pledge or transfer to the association of that part of the account pledged or assigned, and shall not operate to sever or terminate the joint tenancy ownership of all or any part of the account, subject to the effect of the pledge or assignment.

  3.  The adjudication of disability or incapacity of any one or more of the joint tenants shall not operate to sever or terminate the joint tenancy ownership of all or any part of the account and the account may be withdrawn or pledged by any one or more of the joint owners in the same manner as though the adjudication of disability or incapacity had not been made except that any withdrawal or pledge on behalf of the disabled joint owner shall be by his conservator.

  4.  Any account opened in form to be paid to two persons or the survivor thereof who are husband and wife shall be considered a joint tenancy and not a tenancy by the entirety unless specified otherwise.

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(L. 1971 S.B. 3 § 34, A.L. 1983 S.B. 44 & 45 merged with H.B. 570)

(1976) Guardian of an incompetent joint tenant has same power over joint tenants' interest in a joint bank account as his ward had prior to incompetency and may withdraw full amount of account without approval of probate court. Matter of Estate of Thompson (A.), S.W.2d 650.

(1977) Person who is entitled to withdraw funds under terms of a signature card establishing a joint tenancy and who contributed all money to purchase the certificate is entitled to have such certificate changed to his name alone. McGee v. St.  Francois Cty. S & L Ass'n. (Mo), 559 S.W.2d 184.


---- end of effective   28 Aug 1983 ----

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