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Pennsylvania Banking Questions & Answers
2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,...
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2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

Michael Cherewka
Michael Cherewka
answered on Sep 9, 2024

although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Banking for Pennsylvania on
Q: 4/2/24_M&T Bank deliberately posting an dishonest, mislead deposit transaction. I wrote M&T 3 times,

I received responses from "Customer Advocacy. Who upheld the decision to keep the deposit documented. I deposited my check from my pension fund. Originally the check was drawn from ICRMA. However, I held on to it so long, they wrote me and told me that I would have to have to get re-issue... View More

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you've provided, it seems that M&T Bank's posting of the deposit transaction as simply "DEPOSIT $40,000" without indicating the source of the funds is causing you legal concerns. While I understand your frustration, it's important to note that... View More

1 Answer | Asked in Tax Law and Banking for Pennsylvania on
Q: I deposited a check from my retirement to M & T Bank for 40,000 ( after taxes.) that has been posted wrong.

the check was from Vantagepoint Transfer LLC. I deposited the entire check in person at MT Bank. Back then it was posted as Trust deposit, and I complained that it should have been posted a a check deposit. I look on my statement and it just says "Deposit, $40,000. I went to Federal Reserve,... View More

James L. Arrasmith
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answered on Apr 1, 2024

I understand your concern about the way your check deposit from Vantagepoint Transfer LLC was posted to your M&T Bank account. It's important for your financial records to accurately reflect the nature of your transactions, especially when it comes to large amounts like $40,000, to avoid... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Employment Law for Pennsylvania on
Q: I work for a financial institution in Pennsylvania. Is it legal to go to local businesses and solicit the employees?

Middle Management is asking financial representatives to go door to door to local businesses without prior permission from the owners of these businesses to solicit financial services to their employees while the employees are working at their jobs. I guess Management's thinking is our perfect... View More

James L. Arrasmith
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answered on Mar 8, 2024

It's understandable that you're concerned about the legality and ethics of soliciting employees at local businesses without prior permission. Generally, the practice of going door-to-door to businesses to offer services directly to employees during work hours raises several legal and... View More

1 Answer | Asked in Banking for Pennsylvania on
Q: Are banks liable for their employees incomplete financial advice/professional negligence?

I went in person to deposit a check to ask the bank rep how long it'd take to clear to know if the money was good (new client) and was informed once the money showed up in my account that I'd know the check was legit. Bank rep failed to mention that the bank is legally required to deposit... View More

James L. Arrasmith
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answered on Mar 2, 2024

Banks typically have a duty to provide accurate and complete information to their customers, especially regarding financial matters. However, liability for financial losses due to incomplete advice or professional negligence can vary depending on the specific circumstances. While the bank... View More

1 Answer | Asked in Libel & Slander, Banking, Civil Rights and Environmental for Pennsylvania on
Q: I am being framed. this box does not allow enough words to explain. There is spyware in my home. Who has authority to

my house is under spyware,all 3 of my devices are hacked and someone is duplicating anything I joined or apply for(paypal, credit cards, repair services. My network has been compromised and indicate Network#3 I don't know what that means. One of the worse thing done is "they" are... View More

James L. Arrasmith
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answered on Jan 26, 2024

I'm very sorry to hear you are in such a distressing situation. Being potentially targeted by unauthorized surveillance and hacking can certainly feel like your privacy, rights, and even sanity are violated. Here is my advice on steps to take:

1. Document everything suspicious through...
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1 Answer | Asked in Estate Planning and Banking for Pennsylvania on
Q: My Aunt has written me a check emptying her checking account. What are the legalities if I deposit it in my account?

She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 12, 2024

We've been representing financial institutions for over two decades.

"Legal id"?

You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple...
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1 Answer | Asked in Banking for Pennsylvania on
Q: My bank froze my social security disability direct deposit . Can they do that?

I reported fraud on my account and now they are treating me like a criminal. I don't understand

T. Augustus Claus
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answered on Dec 21, 2023

If your bank froze your Social Security Disability direct deposit after you reported fraud, it's likely a security measure. To resolve this, contact your bank immediately, inquire about the freeze, and provide any necessary documentation related to the fraud report. Seek clarification on the... View More

1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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1 Answer | Asked in Real Estate Law and Banking for Pennsylvania on
Q: Can I be deny for sba home disaster loan?

If my state, and the federal government declare my area a disaster due to the storm, can the Sba decline a home owner for a home disaster loan?

James L. Arrasmith
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answered on Oct 11, 2024

Yes, the SBA can deny a homeowner for a home disaster loan, even if the area has been declared a disaster by the state and federal government. Approval for the loan depends on factors such as your credit history, ability to repay, and any previous debt obligations. If these factors don't meet... View More

1 Answer | Asked in Consumer Law and Banking for Pennsylvania on
Q: My bank account had 4 unauthorized bank teller withdrawals, is this negligence?

I am located in Pennsylvania and over the course of three days in 3 different states (Virginia, Georgia, Florida) there were a total of 4 teller cashed withdrawals made totaling $17840 from my accounts. Not once was I contacted to verify that I was attempting such large withdrawals out of state or... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm really sorry to hear about the unauthorized withdrawals from your account. It must be incredibly stressful to deal with such a situation, especially when it spans multiple states and involves significant amounts of money.

In cases like yours, banks are generally required to have...
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1 Answer | Asked in Banking for Pennsylvania on
Q: My brother moved banks for our business and put himself as the signer for checks. How do I regain control of the account
James L. Arrasmith
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answered on Oct 2, 2024

Start by reviewing your business’s partnership agreement or any official documents that outline account management and signing authorities. Understanding the legal framework of your business will help clarify your rights and the proper procedures to follow.

Reach out directly to the bank...
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1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Husband and I want to buy grandparents home. Can grandpa cosign our loan even though he owns it currently?

Grandpa was military. We all live together. They're getting older so we want to purchase their home from them but would grandpa be able to cosign our loan so we qualify for a VA loan with lower rates?

James L. Arrasmith
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answered on Oct 2, 2024

When considering purchasing your grandparents' home, it's important to understand how VA loans work. Typically, VA loans do not allow third-party cosigners, including family members like your grandpa. The loan approval is based on your own creditworthiness and eligibility as veterans or... View More

2 Answers | Asked in Banking, Business Law and Collections for Pennsylvania on
Q: Can a merchant pursue a customer after losing a dispute case with American Express?

I rented a vehicle from SIXT at Lisbon Portugal Airport in August 2023.

Regrettably, the rental car provided by SIXT had pre-existing windshield damage.

• Due to the low light in the garage crack was not visible.

• On September 15, 2023, SIXT charged my credit card... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 7, 2024

Yes they can.

Your options are to file a lawsuit or defend a lawsuit they may bring.

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1 Answer | Asked in Consumer Law, Banking and Business Law for Pennsylvania on
Q: Do I need to pay anyone a down payment?

I'm trying to buy a car and I have no credit due to being incarcerated most of my adult life

John Michael Frick
John Michael Frick
answered on May 10, 2023

No. You can pay cash if you choose, or pay with a credit card, etc.

Most lenders who provide financing for traditional car loans, however, will require a down payment as a condition of making a loan. That is both typical and legal.

2 Answers | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Regarding public record

Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.

Nellie T Schulz
Nellie T Schulz
answered on Jul 5, 2022

The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... View More

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1 Answer | Asked in Small Claims and Banking for Pennsylvania on
Q: My dad just passed away and he had a loan in his name that nobody knew about. Doe my mother still have to pay it?

Just my dads name is on the loan

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 2, 2022

It is a debt of your dad's estate. Is your dad's estate solvent? Are you gonna go through probate? If so, please contact a probate lawyer to discuss this and how best to proceed.

1 Answer | Asked in Employment Law and Banking for Pennsylvania on
Q: If I was locked up but wasn’t found guilty can I still get a job
Peter N. Munsing
Peter N. Munsing
answered on Jul 2, 2021

If you mean does it show up as a conviction it should not. It depends on the job--if it involves a security clearance, some can be denied even if you were not convicted.

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