Asked in Probate for Alabama

Q: can a credit union withhold money from a joint owned account for my deceased mothers credit card and personal loan?

My siblings and I were joint owners when she passed recently. We went to close the account and they were deducting the amount she owed them from the checking and savings accounts. Can they legally withhold the money from us.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: There is likely a provision of the credit card agreement that allows for this sort of 'guarantee' but without seeing all the documentation it is impossible to know for sure.

If the debt was not legitimate, you can challenge it, but if indeed it was her debt, they probably can collect on it either through this mechanism or some other that might actually cost you more. If you are unsure please seek local legal representation to review the situation and provide you better advice after actually looking at the documentation!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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