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California Banking Questions & Answers
1 Answer | Asked in Banking, Estate Planning, Real Estate Law and Elder Law for California on
Q: What happens, and what documents will a mortgage loan servicer require when death of a spouse/co-borrower is reported?

Mother died recently. No probate. Father & mother (married) both co-borrowers (father was primary) on principal residence they owned as trustees.

Home is in revocable living trust. Mother & father are the grantors, father is successor trustee. I am sole beneficiary. No one else is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

So this goes with the other question posted in probate. Apparently this check comes from an escrow on a refi and is a one time deal. Your other post said there was a joint account. Deposit the check there. The old lender is no longer involved once paid off and does not need any additional... Read more »

1 Answer | Asked in Estate Planning, Banking, Elder Law and Probate for California on
Q: Is it possible for a widower to cash a check made out to him and his deceased wife?

My elderly father is receiving a check, titled to him and my deceased mother/his wife. It is titled using AND, not OR, meaning both signatures are required.

They are the grantors of their living revocable trust, and were the only two trustees. Father became successor trustee. I am sole... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

What is not clear from your post is who is the maker on the check? You provide so much extraneous information that is sounds like the check is coming from the trust that your father is the trustee on. But that makes no sense. IMO you should go to the maker of the check and request that the check... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Banking and Contracts for California on
Q: Hello I returned a car lease and am being charged for the car being sold for less it’s value

I returned a lease and took another one from the same dealership when they returned the car to the finance co the car was sold for less then the car is worth and now I am being charged for the difference the dealership is saying it’s not their problem am I responsible for the difference

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You need to review the terms of your original lease and/or financing agreement. When you return a car at the end of he lease you are at the mercy of the dealer/financing agent, who sell the car at the easiest price to obtain, usually at a dealer's auction where the cars go for a fraction of... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for California on
Q: I have a check from PayPal from a deceased relative's accounts. The check is drawn from a Wells Fargo account.

I submitted the California Small Estate Affidavit to PayPal with a notary attachment. However, the check was made out in my deceased relative's name only. Which is not how other checks have been made out.

Two banks that I do business with, including Wells Fargo, have declined to... Read more »

John B. Palley
John B. Palley answered on Oct 7, 2020

I would send it back to PayPal along with a California Small Estate Affidavit (free forms online) filled out by the person who legally is the next of kin (or beneficiary of a will if there is a will). Ask them to re-issue to the correct person or persons. Good luck.

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2 Answers | Asked in Employment Law and Banking for California on
Q: Co worker called and asked to do something that would have violated our ethics policy. I said yes. Can I be fired?

I was off the clock. Co worker called me at home. Asked about breaking the ethics rule. I told him if there was nothing else he could do then go ahead. Can I be fired with him if it comes to that? I did not commit the violation but I basically gave the green light.

Maurice Mandel II
Maurice Mandel II answered on Sep 16, 2020

Can you be fired? Maybe. Insufficient information to make a determination since not possible to tell what kind of rule you are talking about, or that you advocated co worker to break. Does not matter if you are on or off the clock if you are advocating breaking the ethics rules. Ethics do not... Read more »

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1 Answer | Asked in Banking, Business Law and Tax Law for California on
Q: Federal & State taxes paid monthly or annually? And finally, the funds collected in crowdfunding services include taxes?
Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

Yes to Question 1. Look at the contract for Q2. You used up all your questions. Taxes? Which Taxes? Sales Tax? Property Tax? Income tax? Employment Tax? Perhaps you need to discuss your matters with a Tax attorney or an accountant.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Bankruptcy, Family Law, Banking and Child Custody for California on
Q: My sister forged my signiture on power of attorney papers
Timothy Denison
Timothy Denison answered on Sep 7, 2020

What is your question.

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1 Answer | Asked in Banking and Collections for California on
Q: In relation to a car note

I made a payment a few days late (about 3 days)

And wasn't aware a late fee was applied so after making the standard payment I was hit with a 30 day late payment Even though I only didn't pay the late fee

Maurice Mandel II
Maurice Mandel II answered on Aug 25, 2020

This is not banking, it is Contracts. Contact your bank, see what you can work out. Get out your loan documents and read them carefully, maybe the bank made a mistake. It happens. Negotiate with them to get some relief.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Banking for California on
Q: My wife Helene passed in Sept,2019. She has no assets and left no will. We had several small loans and bills she made.

But the bank keeps making me jump through hoops for her outstanding small line of credit. She had no insurance and I only get SS paying this bill is hurting me. I live in Oregon.

Maurice Mandel II
Maurice Mandel II answered on Aug 18, 2020

This is a Probate Question, not Banking. You should repost so it gets out to the probate attorneys. I don't understand your situation. Your wife was in CA and you are in OR, so you are legally separated? If you are separated, why are you responsible for her debt? Her assets should be... Read more »

2 Answers | Asked in Banking and Probate for California on
Q: I am sole heir and administrator. I am in chexsystems and cannot open bank account. What will happen when house sells?

I am the petitioner in pro per. I do not have an attorney representing me. Could I amend my order and add a co-administrator?

James Edward Berge
James Edward Berge answered on Aug 5, 2020

You will need formal Letters from the court which authorize you to act as Administrator for the estate of the decedent. Some banks even require letters which have been certified by the court. You will also need a new federal employer identification number for the estate If you don’t already... Read more »

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2 Answers | Asked in Banking for California on
Q: I feel I have been deceived by Best Buy’s 0% interest credit card which I was pressured into accepting at the register

I was told by Best Buy that their staff sometimes don’t know of their own terms and conditions so it’s our duty to read it but how can we do so if we’re at the register with a line behind us. Besides that, they did not tell me upfront that the most important part about this card is the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 1, 2020

"Best" Buy means best for them, not you. This is a high pressure sales store, even at 19 years old you should have realized that the sales people were pushing you and not for your best interest. You can do much better buys online. At the age of 19, you have reached the age of majority,... Read more »

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Identity Theft for California on
Q: How do I subpoena a bank to produce records on fraudulent checks paid? Need to find out what account they were deposited

I freelance as a QB accountant and doing this for one of my clients. Their bank produced years of checks, but can only tell me which financial institution they were presented. I need to find out the name and account number from the respective banks. It is several thousand dollars.

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2020

more info needed.

have you tried to do this informally?

you would have to file a lawsuit as I see it.

maybe you can file in small claims for up to $10k and subpoena with that lawsuit. If the matter is only a few thousand small claims may be your answer.

lawyers...
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1 Answer | Asked in Banking and Small Claims for California on
Q: I signed a loan with a bank as an individual on behalf of a corporation is my small claim limited to 2,500 or 10,000?
Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

It depends on what you are going to be suing for. If you are suing to enforce the rights of the Corporation it is different from your own rights.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Estate Planning, Tax Law and Banking for California on
Q: Transferring large sums of money to US citizen spouse

Here is the situations. Husband and wife are both US residents. Husband is a Green Card holder, wife is a US Citizen. Do we need to file any tax form when the husband transfer large assets assets (e.g. money and stocks for $300K) to the US citizen wife? is it best to use a joint account or can the... Read more »

Shawna Murray
Shawna Murray answered on Jul 22, 2020

This question would be best answered by a tax expert so that they can advise you of any possible gift tax repercussions.

Tax advice disclosure: To ensure compliance with Treasury Department Circular 230, we inform you that unless otherwise specified, any federal tax advice contained in this...
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1 Answer | Asked in Banking for California on
Q: Can banks deny cashing your check?

I have cashed checks at chase bank for about a year now. Suddenly they are denying me saying the amount exceeds the check cashing limit.

Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

Many financial institutions will only cash checks for their own depositors. Their rules are internal and can change at any time. You might have a case if you believed that the bank was discriminating against you on the basis of a protected classification such as your gender, gender preference,... Read more »

1 Answer | Asked in Family Law, Banking, Child Custody and Probate for California on
Q: What do I have to do to get money out of a court blocked account?

My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »

James Edward Berge
James Edward Berge answered on Jul 8, 2020

This self-help guide from Sacramento County should help you, even in Los Angeles County.

https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf

Good luck!

1 Answer | Asked in Banking for California on
Q: Can i be sued by a bank for a default that happened over 10 yrs ago?

I was contacted saying i am being taken to court by a bank for a default that happened in december of 2010. I do not ever recall having this bank, and cannot find anything on line about it, but they have said they tried to contact me previously which i have never received. Can this "bank"... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 19, 2020

You are not saying what type of debt they allege (consumer, commercial, line of credit, credit card), but if the default took place ten years ago and you did not acknowledge the debt during that time, most probably the statute of limitations would not allow the claim to be filed in court, or it... Read more »

1 Answer | Asked in Banking for California on
Q: What type of lawyer do I need for Intestate death laws in California?

My father passed without a will or testament and has a surviving legal spouse, and two alive children. The Ex-Wife of my father had POA before he passed away and transfered all of the funds from his account to her personal accounts. She then notified the bank who closed his accounts only after she... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need to contact a Estate/Probate attorney. A power of attorney terminates upon the death of the grantor. If there were any transfers of money after the grantor's death you need to obtain evidence of this through a subpoena issued to the bank or banks where the accounts were held. For this... Read more »

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Objectively, can creditors in Chapter 7 garnish checking account money from State and Government benefits?

Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.

Harlene Miller
Harlene Miller answered on Jun 15, 2020

Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... Read more »

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