Can I freeze an IRA account?

UPDATED: Mar 2, 2012

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Can I freeze an IRA account?

My husband and I lived together for 13 years; we were married for 12 years. We recently started talking divorce. I’m now out of state visiting a friend. My husband had a 401k at work. He retired 2 years ago and we rolled it over into an IRA. I signed off on his pension so we’d have more money a month.I get nothing if he dies. To guard my safety if he died before me, he said that I could have the IRA. He calls it “mine”. Today I got an email that he’d taken money from the IRA and transferred it into an unknown account. He’s changed all the information; I’ve no access. Can I freeze this $100,000 until I get a lawyer?

Asked on March 2, 2012 under Family Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to safeguard your interests in the bank account you are writing about, I would immediately call the bank's manager about the situation and then go down in person and request that it be "frozen" in place pending a court order or some other agreement on the subject.

I would then contact a family law attorney about the situation that you are writing about to see if he or she can assist you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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