Charlotte, NC asked in Banking for North Carolina

Q: Question about band fraud committed against my mother while she was in hospital and passed away.

I am the executor of my mother's estate. During the asset collection process I discovered my sister had stolen and used my mother's debit card while my mother was in ICU and medically induced coma. She never regained conscience and passed away. The bank is refusing to credit back and chargeback the retailers saying I am unauthorized to claim fraud. That only the customer can claim fraud on their account However again I am the executor, filed police charges and provided documentation from the hospital. The account was ultimately closed out due to negative balance..however it should have had a positive balanced and have money to disburse.

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1 Lawyer Answer

Bruce Alexander Minnick

Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Unless you have opened a probate estate and have been accepted as the executer your being named the executor of your mother's estate in her last will is not enough to get the bank's attention. Furthermore, you cannot sue your sister personally because she did not steal anything from YOU; she stole form her (and your) mother. Hire a lawyer. You may still be able to sue the bank if you do so in the capacity of executer.

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