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Banking Questions & Answers
1 Answer | Asked in Real Estate Law and Banking for Utah on
Q: my mom and I are both on the title of the house how do I remove her off without her signing ?

She won’t sign for me to refinance. I am the main person on the loan and she’s a co-signer. I don’t want her on my loan.

Kenneth Prigmore
Kenneth Prigmore answered on Jan 20, 2021

When you add someone to the title of your home, you have given them partial ownership. If you did not specify how much ownership on the deed, then everyone listed on the deed has an equal share. In a lawsuit started by either party, the home could be forced to be sold and the proceeds divided... Read more »

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Probate for Georgia on
Q: Suspended Executor accessed descendants bank safely deposit box by provided bank manager invalid testamentary court.

Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 18, 2021

Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... Read more »

1 Answer | Asked in Estate Planning and Banking for Maryland on
Q: Rules on checks written to minors. How do you do this correctly?

Can I write a check to my 2 year old grandson in his name. Of course, his father would have to endorse it. Would he have to set up a new account for the child?I recall getting a check as a child and it read pay to the order of my name (minor).

Please let me know. Thank-you

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 18, 2021

Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make... Read more »

2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... Read more »

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1 Answer | Asked in Banking and Probate for Virginia on
Q: If a will says that 3 people are named executors. Is it illegal for one of them to close a bank account before probate?
Richard Sternberg
Richard Sternberg answered on Jan 14, 2021

The Will must be probated, and the court must appoint the personal representatives (executors/executrix in Virginia) before they have any power at all. If the bank account is not a probate asset. like an account in which a beneficiary is named or a joint account that was not created for the benefit... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

1 Answer | Asked in Estate Planning and Banking for Florida on
Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 4, 2021

I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... Read more »

2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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2 Answers | Asked in Banking, Employment Discrimination and Employment Law for California on
Q: My husband has worked 25 years as a external wholesaler for the biggest privately held mutual fund company’s in the U.S

In 2009 the company moved us across the country to Iowa to take over that state due to the financial crisis 2008/2009.

Since then my Husband has tried for 7 employment opportunities within the company , out of the state Iowa . He has been let down 7 times. Not because of his ability, but... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2021

Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.

Good luck to you.

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2 Answers | Asked in Consumer Law and Banking for California on
Q: My bank paid a $50,000 auto loan to a fraudulent dealer. Does the bank have liability?

My bank paid a $50,000 auto loan to a fraudulent dealer. The money was misdirected to a different business name that I did not authorize. My bank has told me that no fraud occurred and that I should pay the loan anyway. I believe that the bank has mishandled the transaction and did not perform the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 29, 2020

This is not a quick answer by any means. This would require that you consult with and likely hire the lawyer to review all the documents and facts to determine your legal rights and options. Feel free to schedule an appointment to discuss in detail.

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1 Answer | Asked in Consumer Law, Estate Planning and Banking for Missouri on
Q: Wife opened bank account for young daughter with herself also listed. Wife died. Daughter now 20, access without court?

Account type is a savings account. Only my daughter and my late wife are listed on the account. Daughter’s name is listed first and daughter treated as owner for interest income reporting. We are in State of MO and daughter is now 20. Bank telling her that they can’t give her any info or answer... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Dec 28, 2020

It will depend on how their names are listed on the account. Things as simple as “and” and “or” can make a big difference. It is worth a brief conference with an attorney to determine your daughter’s rights to the account, especially if it can avoid the necessity of filing probate.

1 Answer | Asked in Banking, Contracts and Small Claims for Georgia on
Q: In the state of Georgia what are some laws and regulations i should know as an investigator helping others?

I am an investigator & I’m trying to know the laws in & out about helping others collecting their unclaimed funds such as the cap % or even smalls thing that can impact me or others while doing it .

Tim Akpinar
Tim Akpinar answered on Dec 26, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. Some GENERAL considerations could include permissible billing methods/fee schedules/fee caps, disclosures, disclaimers, and how Georgia governs/limits agents (attorney or non-attorney) handling such activities. Good... Read more »

1 Answer | Asked in Banking for New York on
Q: Is it illegal in NY to lie about personal information when applying for a credit card?

For example in this instance, the person filling out the application for the card put the card in their child's name (their child is a minor and not allowed to have a card of his own) and in their social security number. The card is connected to the child's bank account and the rest of... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2020

As a general matter, it could violate fraud laws involving financial institutions, in addition to violating terms of service and conditions for the card. It would probably be better for the adult to find a credit card company that offers the option to take out an additional card for a family member... Read more »

1 Answer | Asked in Consumer Law, Divorce and Banking for Oklahoma on
Q: Am I financially responsible for my ex wife’s credit card?

She called me while I was at work and asked if I wanted another credit card. I told her no as I already have 3 personal credit cards and don’t want anymore. When I got home she told me she signed up for the card but didn’t put my name down. The bank account was in my name and which she used to... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 16, 2020

It depends on a lot of things. The wording of your decree regarding debt, the timing of the purchases, and whether it is a debit or credit card. I wish I could help you more, but I would hire an attorney to help you clear it up.

1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... Read more »

1 Answer | Asked in Banking, Civil Rights, White Collar Crime and Wrongful Death for Oregon on
Q: When is abandonment legal?
Tim Akpinar
Tim Akpinar answered on Dec 12, 2020

An Oregon attorney could answer best, but your question remains open for two weeks. But as a general note, "abandonment" is a broad term and needs more context. Abandonment can arise in a number of scenarios, whether in shameful settings, as in children, spouses, or pets, or in more... Read more »

1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

1 Answer | Asked in Banking for New York on
Q: Hi.sir please tell me how to proceed my PayPal account activation mechanic card master,visa card?

Please give a common number for outbroad number

Tim Akpinar
Tim Akpinar answered on Dec 10, 2020

The customer service representatives at PayPal (possibly together with those at Master Card or Visa) would probably be more knowledgeable about this, since it would involve the company's own standard operating procedures. Most attorneys would not be familiar with this as general information.... Read more »

1 Answer | Asked in Banking for New York on
Q: I am being charged a 3500 fee from my bank on a regular basis my account is on lockdown right now and I’m being charged

Each bounced check is costing me 35.00 for each one I have enough money to pay those bills in my account I did not put it on lockdown can they do that

Michael David Siegel
Michael David Siegel answered on Dec 1, 2020

You likely have a judgment and a levy on your account. Call your bank.

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