I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:
* Joint bank accounts typically have a right of survivorship. This means that when one owner... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Yes, an email threatening legal action over a debt could very likely be a scam. Here are some tips on how to confirm:
- Verify the debt - Do you have any prior official documentation or validation of this specific debt? If not, it's likely not legitimate.
- Check email details... View More
Judge said case we responsible above 20k but set to 25k writ of attachment of home
Is that all that will come from this civil lawsuit case
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023
The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... View More
Submitted a car payment to Chase Manhattan bank the same way I had previously got a confirmation receipt cheat code never was notified by Chase that the payment wasn’t received or did not go through so the next month I made the payment the same way and at that point was notified of the issues... View More
answered on Jan 4, 2023
If I understand correctly, you have made payments and submitted documentary evidence but Chase refuses to credit the payments to your account. Try contacting the Massachusetts Attorney General's consumer assistance division.... View More
She named her brother as recipient of the account if she were to die. As community property, shouldn't the funds come to me? Is what she did legal/legitimate?
answered on Oct 28, 2022
Massachusetts is not a community property state. The entitlement to the proceeds of the account are governed by whatever bank account agreement your wife signed when she opened the account. If the agreement states her brother is to receive the funds in the event of her death, that agreement is... View More
Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?
Should the president of the corporation simply sign on behalf of the corporation as follows... View More
answered on Apr 17, 2024
The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.
Typically, either the corporation... View More
Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2022
You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).
Does the "no space" test include using the backside of the original promissory note for an indorsement if that side of the paper is blank? Is there a citation for the actual wording of the "no space" test?
A "no space" test is showing that there is no room on... View More
The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.
answered on Sep 24, 2020
You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.
My father died with a bank account with the name of an ex-fiancee still on it as a joint holder. She hasn't ever used the account as far as I can tell. She (and her current husband) want the money in the account to go to myself and my sister. Unfortunately she doesn't have an online login... View More
answered on Aug 6, 2020
Assuming your father was a Massachusetts resident for the comments: Are you the Personal Representative of your father's estate? If so, you need to contact the bank involved and provide them with your Letter of Authority and Federal Taxpayer ID for the estate and some form of authorization by... View More
answered on Apr 17, 2018
If you are currently in bankruptcy, you have not received a discharge and the case is still open, creditors are prohibited by the automatic stay in bankruptcy from taking acts to collect debts from you personally. If a creditor is seeking to collect a debt from you by writing letters, calling you,... View More
If I am an equity partner in a company incorporated in EU, and that company wants to
1. wants to loan money to a company in US, is that possible/legal?
2. wants to open a bank account in US without incorporating in US, possible? How do I get a tax ID?
3. wants to pay me... View More
answered on Jul 20, 2017
A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and... View More
Roommate guaranteed me if I left by a certain date she would give me my deposit back then stopped payment on her check
answered on Mar 24, 2017
See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/securitydeposits.html
If the security deposit was owed to you, you may be able to sue for failure to refund it in a timely manner. More details are necessary to provide a professional analysis of your issue. The best... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
