Banking Questions & Answers by State

Banking Questions & Answers

Q: Can people be removed from a TOD annuity account?

1 Answer | Asked in Estate Planning, Banking and Securities Law for Arizona on
Answered on Jun 22, 2017

Assuming this was done as a way to name beneficiaries, and also assuming the owner is of sufficiently sound mind to make such a decision, of course.

If it is a trust account based on a document, you can't just change the designation at the broker but you have to also change the trust.

If there is the slightest hint of undue influence or duress however, this can get tricky. I'd advise consulting with a local attorney if there are any doubts whatsoever, or if the stock account...
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Q: How do I go about reapplying to the SEC to reinstate my license?

1 Answer | Asked in Banking and White Collar Crime for New York on
Answered on Jun 21, 2017

You might have time to file an appeal of the decision, or you might have to reapply. 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 &...
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Q: Is the personal guarantee in a corporate credit card "Cardholder Agreement" binding if I did not sign?

1 Answer | Asked in Banking, Consumer Law, Small Claims and Business Law for Florida on
Answered on Jun 13, 2017

Their claim may be barred by the Statute of Frauds.

Florida Statute 725.01 provides in pertinent part that:

"No action shall be brought whereby to ... charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..., or upon any agreement that is not to be performed within the space of 1 year from the making thereof, ... unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof...
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Q: i'm a renter in Los Angeles the property is going into foreclosure but the owner is doing a short sale what r my rights

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Landlord - Tenant for California on
Answered on Jun 10, 2017

Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and Maintenance: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Habitability Complaints: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml

Co-Tenant/ Roommate...
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Q: Can my direct deposit funds be frozen by a judgment creditor, or is it except after being deposited into my bank account

2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Banking for New York on
Answered on Jun 5, 2017

Pension money can be exempt, but you need to make sure that your account only contains exempt funds. Otherwise, there is an argument about which funds are in the account. Also, if you have a judgment, go to bank and make sure they note that all funds in account are exempt on your file. This is not foolproof, but can help. If there is a levy, you need to fill out a worksheet on exemption you can get from the bank.
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Q: Is it legal for a bank or one of its employees to share personal financial or account activity with private citizens?

2 Answers | Asked in Banking, Libel & Slander, Consumer Law and Identity Theft for New York on
Answered on Jun 4, 2017

Banks are fiduciaries. That means that your interests should be above their own. They do not or should not share any private information with anyone unless by court order or with your consent. Sometimes customers make bank's employees their trustees (giving them more discretion) to invest funds and as part of doing so they may have limited authority to disclose but usually do so carefully.

You have not stated exactly what was shared. You have also not mentioned whether the...
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Q: My bank made an error in my account balance (saying I had more in my account than I actually did), and I made a purchase

1 Answer | Asked in Banking for New York on
Answered on Jun 2, 2017

Yes. It is legal and if you do not repay the money you risk having your account closed by the bank.
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Q: I have a classic car in an irrevocable trust for my children and we might have to file bankruptcy will the car be safe?

1 Answer | Asked in Banking and Bankruptcy for Florida on
Answered on Jun 2, 2017

Perhaps. It depends on such things as whether you were insolvent at the time you created the trust, and whether you put the car in trust with the intent to keep it away from your creditors.
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Q: I just have a joint account. It's not my debt and my money was put in hold, levied by Gov, Can I get it back?

1 Answer | Asked in Banking, Collections and Gov & Administrative Law for California on
Answered on Jun 2, 2017

You may need to sue the person who owed the government money if it's affected your finances. 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,...
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Q: Is it legal for me to report my wife's debit card lost if she is on a manic spending spree?

1 Answer | Asked in Divorce, Family Law and Banking for California on
Answered on Jun 1, 2017

If the card is not lost, then that would be credit card fraud. Have you already filed for divorce, thereby initiating the ATWROS? 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:...
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Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?

1 Answer | Asked in Banking, Broker Fraud and Business Law for New York on
Answered on May 31, 2017

Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.
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Q: My father recently passed away (his wife preceded him) and I'm the personal representative for his estate. What is the

1 Answer | Asked in Banking for California on
Answered on May 29, 2017

If his total estate does not exceed $150K, you may use “Affidavit for Transfer of Personal Property Worth $150,000 or Less” (Google this in your local court website) to declare that you are the only heir and access the account. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person....
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Q: Cardealer wrote wrong make model and vin number on sale contract, now they want to change it because other car is more $

1 Answer | Asked in Banking, Business Law, Contracts and Consumer Law for New Jersey on
Answered on May 27, 2017

No you can't demand the better car it was a mistake and the you have no right to it.
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Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

1 Answer | Asked in Criminal Law, Banking, Broker Fraud and White Collar Crime for Maryland on
Answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
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Q: As one beneficiary on a bank account, how can I collect my share of funds if another beneficiary won't cooperate?

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Maryland on
Answered on May 25, 2017

Sue her and/or the bank.
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Q: if i have a small business that is an s-corp how do i pay myself? do i write my self a check or set up a wire transfer?

1 Answer | Asked in Banking, Business Formation, Business Law and Employment Law for Georgia on
Answered on May 25, 2017

Generally, with an S corporation, if you are working in the business, you would have to pay yourself a reasonable salary and the balance of profits could be distributed to you as the shareholder. You should consult with a certified public accountant or tax attorney regarding your obligations with an S corporation, including the requirements regarding payment of salary and distribution of profits.
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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.
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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...
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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
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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...
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