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1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
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1 Answer | Asked in Banking and Real Estate Law for New York on
Q: My spouse passed away. Both names on mortgage. My name primary. Do I need to change the mortgage contract?
Michael David Siegel
Michael David Siegel answered on Sep 3, 2021

No. Just keep paying. If you are both on deed, same answer. If not, you may need to do an estate proceeding.

2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Banking for Ohio on
Q: PayPal is holding $2200.00 of my money. They have already held for180 days. are continuing to hold it. Can they do this
Andrew Popp
Andrew Popp answered on Aug 31, 2021

It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... Read more »

Andrew Popp
Andrew Popp answered on Aug 31, 2021

Yes, you have an obligation to return the money.

1 Answer | Asked in Banking, Collections, Identity Theft and Social Security for Nevada on
Q: Credit report account made but not by me?

So I go to credit karma to make acc. They tell me a acc already made with a email. And told me what email. My biological fathers. And so on. Apparently goes on it everyday? Why? My credit. I’m 25. I am mentally disable. Growing up. I guess as a aunt said. He used me for debt. Wells Fargo credit... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 30, 2021

If someone has misused your Social Security number or other personal information to create credit or other problems for you, then you need to take action right away. Go to IdentityTheft.gov - it is a website managed by the Federal Trade Commission (FTC) - and they will help you with a recovery... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: My friend and I want to start an investment LLC but we have stipulations we’d like to get in writing to legally outline

We have the idea but need to know what we’re missing since we feel that we’d need a lawyer to help us fill in gaps and assist us with questions as well

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

You need to contact a business lawyer in your area to discuss exactly what you mean by "an investment LLC" and what "stipulations" you want. It's possible that you're trying to do something you need to be licensed for, and/or for which you need to register the securities being sold.

1 Answer | Asked in Banking and Consumer Law for California on
Q: How long can a State of California/US treasury Check legally be held by a bank ?

I went inside the bank to deposit a check. Was told was gonna be held til next day. I get email stating it’s on a hold/freeze. That was 8/24. States it will be held til 9/2. Spoke with rep who said confidential hold. Read the reasons on why it could possibly invoke a hold. None of those reasons... Read more »

Leon Bayer
Leon Bayer answered on Aug 29, 2021

Was the check made out to you or to someone else and signed over to you?

Clearly there is something making the bank concerned. What could that possibly be?

You say you cashed a similar check 6 months ago.

That is what makes me ask if the check belonged to someone else. If...
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1 Answer | Asked in Banking and Child Support for Georgia on
Q: I'm an currently being a victim of a scam , the individuas are posing as collection agency, they aquired all informatio

They posed as child support to personal bank and put Lien on funds and took before negotiation or court hearing.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

I cannot argue with you since you have the paperwork for what you have said occurred. At least I would hope that you do.

Having represented a number of banks over many years, I cannot believe the bank simply turned over the funds. The bank would first need a court order specifically...
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1 Answer | Asked in Banking and Probate for Florida on
Q: A Florida resident died without any possessions but with a small balance in a checking account. Can NOK withdraw?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2021

Perhaps. See this statute to determine if it applies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html

1 Answer | Asked in Consumer Law, Banking and Landlord - Tenant for Oregon on
Q: I deposited a check into my account that was not honored by my landlord’s bank. That was in May. When do I get my money?

Clackamas Housing Authority is my landlord. Check was for relocation which has already been completed at my expense.

Gregory L Abbott
Gregory L Abbott answered on Aug 11, 2021

Not clear why your landlord was paying you relocation money in May if you are still there, nor the reason the check bounced - one would presume that it was not for insufficient funds if the landlord was the Clackamas Housing Authority. It sounds as if the Housing Authority, for whatever reason,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Identity Theft for Texas on
Q: My bank fraudulently approved another who stole $65,700 from my savings. They won’t return. Much more
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

Contact law enforcement if you believe a crime was committed. Contact a civil attorney if you want to file suit for return of the money.

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... Read more »

Elaine Shay
Elaine Shay answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... Read more »

Yelena Gurevich
Yelena Gurevich answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

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1 Answer | Asked in Banking, Contracts and Real Estate Law for Maryland on
Q: Good evening. I bought a house with a girlfriend in November of 2014. At the time of buying we had been together about

a year and a couple years. Fast forward we ended up breaking up in June of 2018. Quick detail, her father 'gifted her' $265,000, which is what was used to buy the house. Each month I would pay her Father $1,000, 'morgage' I would also pay USAA home insurance and property taxes... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2021

You fail to identify whose name(s) is/are on the deed. That will determine legal title and ownership. If your name is not on the deed, then you are left with a claim to some equitable ownership interest based on your $1,000 monthy payment toward repaying the $265,000 "loan" to buy the... Read more »

1 Answer | Asked in Estate Planning and Banking for California on
Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my... Read more »

Julie King
Julie King answered on Jul 22, 2021

You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Delaware on
Q: Can a website judge me or charge my card?

A website gives discount for each one who use an invite code. I opened more than one account to get this discount every time I purchased from them. I used different cards, name and shipping address on every time I purchased. Can they judge me or charge my card if they know that it's one who... Read more »

Timothy Denison
Timothy Denison answered on Jul 14, 2021

Depends solely on your card member agreementvterms.

1 Answer | Asked in Banking for Tennessee on
Q: I currently own my home outright and it’s valued at 1.8 million to 2 million. I’m currently unemployed but need to

Take out some cash to pay off some bills. I have approximately $60,000 in a retirement account another $30,000 in cash. What would be the best avenue to take in my quest? Your thoughts would be greatly appreciated.

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

If you put a Deed of Trust against that real property, the lender will foreclose immediately upon any default, not just non payment of the Note. I recommend not borrowing against the home and do not suffer a Judgment against you. The Judgment will be executed against the property.

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