Banking Questions & Answers by State

Banking Questions & Answers

Q: My children's father passed away. We were never married. My question is by law can i access his bank accounts? Fidelity

1 Answer | Asked in Estate Planning and Banking for Georgia on
Answered on May 10, 2017

If you were not married to the decedent, you would not be an heir and would not be entitled to inherit anything from him under the laws of intestacy in Georgia. If the bank accounts were solely in his name, you would not have any right to access the bank accounts. This response is designed to provide general information and does not establish an attorney client relationship. You should seek the advice of an attorney.
View Details »

Q: Can a bank charge you for money that was deposit into account without knowledge or permission after they find it is fake

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for California on
Answered on May 8, 2017

Oversimplified possibilities: First, a person does not have a right to keep money that was never their money. But, if someone paid that person for a valid reason, and that someone paid with a fake check that essentially stole money out of another's account, then another should get their money back--probably what the bank is trying to do here. Nevertheless, the person could bring an action against the someone to get paid. This does not make the check unfake, but the check could be used as...
View Details »

Q: someone opened a checking account in my name without my permission, would this be something worth getting a lawyer for?

1 Answer | Asked in Banking, Consumer Law, Criminal Law and Identity Theft for Illinois on
Answered on May 8, 2017

How could all of this be going on without you being aware of it.

Banks send monthly statements. Anyway, they don't honor checks if there is no money in the account.

Credit cards do the same thing. They send monthly statements and if you go over they refuse to honor charges.

If there is something you didn't sign, contact the bank or credit card company and have them cancel whatever.

A
View Details »

Q: House Deed, home Appraisal, avoid probate, personal property, which order do I do these things in?

1 Answer | Asked in Probate, Real Estate Law and Banking for California on
Answered on May 3, 2017

Dear La Puente:

You will need to get your appraisal done first, as it will set the date of death value from which you will calculate the total value of the estate. You do not need the property transferred to you first.

I would suggest using a California Probate Referee, as they do the date of death appraisals for probate matters.

You can locate one here: http://probatereferees.net/

Once you get the home appraised, you can complete the rest of the inventory and...
View Details »

Q: Is a "Retail Installment Sale Contract" a proof of purchase of a car?

2 Answers | Asked in Banking, Contracts and Consumer Law for California on
Answered on May 2, 2017

It sounds like you have an effectuated contract, but make sure the title was signed over to you and that you register the car at DMV in your name. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
View Details »

Q: In ohio is a federal tax transcript required to get a mortgage.?

1 Answer | Asked in Consumer Law, Real Estate Law, Tax Law and Banking for Ohio on
Answered on May 2, 2017

Lenders are required by federal law to verify income. So the lender can require you to provide a copy of your return.
View Details »

Q: Can a shareholder/co-owner legally hire their spouse (another shareholder) to do payroll?

1 Answer | Asked in Employment Law, Banking, Business Formation and Business Law for Georgia on
Answered on May 1, 2017

In small companies shareholders do lots of stuff, including bookkeeping and payroll.

As to the power struggle over the corporation, you need to consult a lawyer who can analyze how it was set up and who has what say so.
View Details »

Q: Does moving out of state have any effect on my rights as a bank account holder (like do banking laws drastically differ

1 Answer | Asked in Banking for Maine on
Answered on May 1, 2017

Most consumer banking laws are federal. There will be variations from state to state, but not significant for most people, with some differences if it is a commercial account or loan. A major exception is foreclosure procedure, which is more a property law than financial, and will vary considerably be state.
View Details »

Q: Can I close my checking account during a civil case?

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Florida on
Answered on Apr 30, 2017

Although the answer would usually be yes, of course, need more facts to give you an accurate answer.
View Details »

Q: Small Estate Affidavit

1 Answer | Asked in Banking, Probate and Small Claims for California on
Answered on Apr 28, 2017

To clarify, the procedure to collect property worth less than $150K is only for personal property. It cannot transfer real property (like a house). But this only applies if all the property, real and personal, is worth less than $150K.

Whenever there is real property you must use some type of probate procedure to transfer the real property to the heirs. In your situation, there are three procedures: (1) Affidavit Regarding Real Property of Small Value ($50K or less); (2) Petition to...
View Details »

Q: If a dad has a bank account in trust for his 20 year old kidthat she also contributed towhat is her legal right to the $

1 Answer | Asked in Banking and Consumer Law for New York on
Answered on Apr 28, 2017

None, until the father dies.
View Details »

Q: received a check($10.000) without funds(in NY). what i do? i call the writer of the check, but i think he try to avoid.

4 Answers | Asked in Bankruptcy, Criminal Law, Banking and Civil Litigation for New Jersey on
Answered on Apr 27, 2017

If you deposited the check and took out the money, you are going to have to make good on this with the bank. You can report to the police.
View Details »

Q: received a check without funds. what i do? i call the writer of the check, but i think he try to avoid me.

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Collections for New Jersey on
Answered on Apr 26, 2017

Contact the Prosecutor in the town where the check was issued and file charges.
View Details »

Q: How can I freeze my mom bank accounts?

1 Answer | Asked in Banking, Civil Litigation, Probate and Securities Law for Ohio on
Answered on Apr 26, 2017

1) Not having a will doesn't mean you don't have to go through probate. Indeed, it likely means you WILL have to go through probate.

2) Simply inform the banks your mother has died, and call the credit card companies with the same information. They will freeze the account automatically until someone is appointed by the Court to act for the Estate.

3) and most importantly, hire a local probate attorney.

Do that yesterday.

You need legal representation...
View Details »

Q: Can you send someone a bad check on purpose to put them in debt?

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on
Answered on Apr 24, 2017

Yea, that's what we call a scam.
View Details »

Q: Is there a Statute of Limitations for a misdemeanor worthless check in the state of Oklahoma?

1 Answer | Asked in Banking and Criminal Law for Oklahoma on
Answered on Apr 24, 2017

Depends on when they filed the case against you. Generally if it's filed within a couplw years of the check they are good without looking at the statute. However, you might have grounds to file a Motion to Dismiss for Failure to Prosecute due to the length of time it's taken them to apprehend you.
View Details »

Q: What do I need to do to get a power of attorney to manage my mothers affairs?

1 Answer | Asked in Family Law, Banking and Elder Law for California on
Answered on Apr 23, 2017

If your mother lacks mental capacity, she cannot execute a power of attorney and a conservatorship might be required. Does she have any other estate planning documents? There are many issues involved here that should be discussed with an elder law attorney. Many will offer you a free telephone consultation.
View Details »

Q: In 2008 Carrington Mortgage Company modified my loan without notice that they had modified the loan. What can I do?

1 Answer | Asked in Banking, Consumer Law and Contracts for District of Columbia on
Answered on Apr 18, 2017

They would have to have provided you notice. Have a lawyer review such facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
View Details »

Q: my son past away recently i am over my head of what to or where to start with his bank acc,pay check, pension,dmv,life i

1 Answer | Asked in Banking and Probate for California on
Answered on Apr 18, 2017

You may need to hire an attorney to handle these issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: when collection agencies sell an account will it disappear on your credit report?

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Answered on Apr 18, 2017

Credit reports may stop listing certain accounts or judgments after a period of time, but that doesn't mean you're necessarily cleared of any related legal liability. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
View Details »

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.