It is not easy to open a tenants by entireties bank account. I’ve written previously that some banks refuse to offer entireties accounts; some banks offer them but you have to ask and be lucky the bank representative knows what you are talking about; also, banks frequently change their account application forms.
Florida law tries to make it easier- Florida law presumes that any joint financial account opened by married depositor is an “entireties account” unless the couple disclaims entireties ownership and/or indicates preference for another ownership form.
The couple had checked a box indicating joint ownership with rights of survivorship. In most cases, this ownership would be presumed to be entireties ownership under the Florida presumption. The problem is that BOA has added an “tenants by entireties” box next to the JTWROS box. I think most of their married customers don’t understand the difference, and I assume most bank officers do not know, or do not bother explaining the legal distinction, to their new customers.
