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California Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation and Probate for California on
Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?

Howard E. Kane
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Howard E. Kane
answered on Nov 17, 2022

The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to... Read more »

1 Answer | Asked in Banking, Business Law and Civil Litigation for California on
Q: Can a retail bank, whose negligence enabled a fraudulent withdrawal from my account, be sued in small claims court?

An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Internet Law for California on
Q: If a corporation knowingly or should have reasonably known used false documents to remove funds from my bank acct.

A USPS tracking number for a 12oz package that is not the item I purchased. Delivered to an address other than the address I provided was used to claim I had received my purchase that weighed 144lbs which is over the maximum weight limit of 70lbs for delivery by the USPS. Not receiving my purchase... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 9, 2022

Certainly sounds like they screwed up.

However, I think the pivotal issue will be costs.

this is not the type of case most lawyers would consider accepting on a contingency.

thus you will be paying a lawyer for his/her time...and that is costly.

3 Answers | Asked in Banking and Bankruptcy for California on
Q: I'm high I live in California I want to know what's the steps for filing bankruptcy

I got married last and I want to be able to since the

owe debts between $20,000 to $35, 000 and I have no income only my husband said he cannot afford to pay that

Harlene Miller
Harlene Miller
answered on Oct 10, 2022

Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.

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1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: California small estate affadavit

I have financial power of attorney for my adult son. He is next of KIN to his father who just passed away. His only son. He had no estate. I am trying to have his fathers 401K tranistioned to an inherited IRA. I sent all the paperwork, POA etc to to the company. They require a California small... Read more »

Julie King
Julie King
answered on Oct 4, 2022

You can sign a California Small Estate Affidavit in Texas, so long as you have a Texas notary notarize your signature. Best wishes!

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... Read more »

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1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
PREMIUM
Steve A. Buchwalter
answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

1 Answer | Asked in Civil Litigation and Banking for California on
Q: Do I have possesion rights?

Exgirlfriend and I purchased vehicle together. I have possesion and remain with possesion for 2+ years. She refinanced the vehicle and removed me from the title. She is now demanding I return the vehicle to her. She is threatening to call and report it stolen. What rights do I have in length... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Aug 28, 2022

I would really like to see more information regarding your situation. Since you are in possession of the vehicle and have been a lawful owner prior to the time your former girlfriend refinanced the vehicle, it seems to me that you have a continuing right to possess the car. If your former... Read more »

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown PRO label
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

1 Answer | Asked in Banking for California on
Q: Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?
David H. Relkin
David H. Relkin
answered on May 9, 2022

The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some... Read more »

1 Answer | Asked in Banking, Business Formation and Consumer Law for California on
Q: The bank won’t give me my money or close my account

A friend of mine Give me a check and asked me to put in my account it cleared the bank refuses to give me the money for the money cleared on the 14th I just found out today the 23rd They told me they wanted my friend to verify himself so I went and got him got all the documents to verify himself... Read more »

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

small claims allows up to $10,000. It may be the fastest way to unfreeze the account, and the bank should not put a freeze on any funds not a part of the check. Consult with a local attorney.

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

2 Answers | Asked in Bankruptcy, Banking and Federal Crimes for California on
Q: okay so i recieved a check of 9,000 i thought i won it because of lottery i was playing i told the bank if it was real

he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail

Tristan Brown
PREMIUM
Tristan Brown PRO label
answered on Apr 12, 2022

There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.

Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how...
Read more »

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5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
Read more »

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1 Answer | Asked in Consumer Law, Banking and Collections for California on
Q: In California what is section 9, chapter 19?

Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Feb 8, 2022

this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.

1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... Read more »

Julie King
Julie King
answered on Dec 30, 2021

Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... Read more »

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