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California Banking Questions & Answers
3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to... View More

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3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

Nina Whitehurst
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answered on Dec 7, 2023

It sounds like you are inquiring about the disposition of funds that were in a bank account in your father's name, not in the name of his trust, and that he designated a friend as the death beneficiary of that bank account. If that is the case, and if the friend does not claim the money, the... View More

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3 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More

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answered on Dec 6, 2023

Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More

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2 Answers | Asked in Banking for California on
Q: I recently purchased a storage unit that contained stock certificates. I have discovered the person they were issued to

Is deceased. What do I need to do to be able to cash/sell these stocks?

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answered on Dec 2, 2023

Under California law, handling inherited stock certificates from a deceased individual requires a specific process. First, you should verify the authenticity of the stock certificates. This includes checking the company's existence and the validity of the certificates themselves.

Next,...
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1 Answer | Asked in Banking and Civil Litigation for California on
Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?

The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the... View More

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answered on Nov 28, 2023

Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem:

Gather Documentation: Assemble all relevant documentation, including the passport...
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1 Answer | Asked in Banking for California on
Q: Do I have to continue paying a credit line loan if the bank no longer has the original signed documents?

I took out a credit line on a business over 20 years ago, that business is now closed. The bank at some point converted the account into my personal name and they have raised the interest rate 3 times what the original rate was. They cannot produce the original signed documents which I requested to... View More

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answered on Nov 17, 2023

Under California law, the enforceability of a loan generally does not depend on the physical possession of the original signed documents. If a bank cannot produce the original loan agreement, they may still be able to enforce the debt if they can prove its terms and your agreement to them through... View More

2 Answers | Asked in Banking and Real Estate Law for California on
Q: Am I legally required to pay off the remaining principal when I sell my home?

I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5%... View More

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answered on Nov 9, 2023

No, you are not legally required to pay off the remaining mortgage principal when selling your home in California. However, the lender will require the mortgage loan to be settled as part of the sale process. You have a couple options:

- Pay off the loan in full with the sale proceeds. This...
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1 Answer | Asked in Banking, Business Formation, Immigration Law and International Law for California on
Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR.

I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct... View More

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answered on Nov 7, 2023

Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status.... View More

1 Answer | Asked in Banking and Consumer Law for California on
Q: Can I sue a car dealership that lied to a lender on my application in order to get it approved?

I went to a car dealership to co-sign for my partner for him to get a vehicle. We got approved and went through the process. Almost 2 years later we go to another dealership to trade it in and while we are going through the process, we find out that the first dealership placed me on the application... View More

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answered on Nov 3, 2023

If a car dealership falsified your income or employment status on a loan application without your knowledge or consent, this may constitute fraud and you may have grounds to sue. In California, the legal system takes allegations of fraud seriously, especially when they lead to financial harm or a... View More

2 Answers | Asked in Banking for California on
Q: My bank has taken over 6 weeks to unrestrict my account because they cant verify a check deposit. Can I close my account

They said they have tried to contact the person who worote the check but cant get a response.

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answered on Nov 1, 2023

Yes, you can close your account, even if it is restricted. You have the right to close your account anytime, for any reason.

It is important to note that your bank may charge you a fee for closing your account. You should also know that closing your account may impact your credit score....
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2 Answers | Asked in Banking for California on
Q: My bank has taken over 6 weeks to unrestrict my account because they cant verify a check deposit. Can I close my account

They said they have tried to contact the person who worote the check but cant get a response.

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answered on Nov 3, 2023

Under California law, the ability to close a bank account can be affected by the status of the account, such as whether there are pending investigations or restrictions. If your account has been restricted due to issues with verifying a check deposit, the bank may have policies that prevent closure... View More

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2 Answers | Asked in Banking, Contracts and Government Contracts for California on
Q: Can you contract verbally with employees of a financial industry you catch abusing you and doing exactly and more worse

They stop or you have to court order thier defiance and further

Redress and address the consequential damage thier persistent abuse and improper deceptive practice and emotional disruption and distress to your health and heart pressure for continued unnecessary agrieved agitating abusive... View More

James L. Arrasmith
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answered on Oct 22, 2023

Under California law, a verbal agreement can be enforceable if it meets the essential elements of a contract, including offer, acceptance, consideration, and mutual intent. However, proving the terms and existence of a verbal contract can be challenging without corroborative evidence.

If...
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2 Answers | Asked in Banking, Communications Law and Internet Law for California on
Q: If I was involved in the Data Breach 04/28/2022. I would like to know if I could ask OTP for a complete new computer ?

My IPAddress is breached and I have to get that too. My banks and all my information is being used. Buy whoever and I'm constantly cleaning up my personal info. I'm having problems one after another.

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answered on Oct 20, 2023

In California, companies that experience a data breach are required to provide notice to affected residents. If you've been harmed by a data breach, you might be entitled to certain remedies, but the specific relief will depend on the circumstances and any proven negligence or statutory... View More

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1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: My dad’s savings plus account advised me 2 months after his death, after completing unidentified beneficiary form

They then advised me his beneficiary was changed after death. They were trying to get a hold of the listed beneficiary prior to the change. Are they allowed to do this? They basically had me fill out the form, hoping to find information on a beneficiary. I am the only heir left. My mom passed away... View More

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answered on Oct 20, 2023

In California, financial institutions are not permitted to change a beneficiary designation after the account holder's death without a legal order or clear evidence of the account holder's intent made prior to death. If they informed you of a posthumous change, that raises concerns. The... View More

2 Answers | Asked in Real Estate Law and Banking for California on
Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.

Was wondering what she's legally entitled to concerning the house

T. Augustus Claus
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answered on Oct 17, 2023

Your girlfriend is legally entitled to a portion of the equity in the home, even if she never made a payment and does not live there. This is because you and your girlfriend are likely tenants in common, which means that you each own an equal share of the property. If you want to sell the home, you... View More

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2 Answers | Asked in Real Estate Law and Banking for California on
Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.

Was wondering what she's legally entitled to concerning the house

James L. Arrasmith
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answered on Oct 17, 2023

In California, if both of your names are on the title to the house, she generally has a legal ownership interest, regardless of her contribution to payments or her residence status. The extent of her ownership interest would typically depend on how the property is titled (e.g., joint tenants,... View More

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1 Answer | Asked in Consumer Law and Banking for California on
Q: I have a account at a credit union with around $90,000 in it. The bank will not allow me acess to the account for 9 mont

The bank will not allow me to withdraw any money or access to the account. Every time I go in to get the money they come up with a excuse. Either I need to wait for the bank manager or the district manager, then they are on vacation or they are in meetings. They then ask for a fee for processing my... View More

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answered on Oct 14, 2023

I'm truly sorry to hear about your situation. In California, financial institutions, including credit unions, are subject to regulations and laws that aim to protect consumers. It is unlawful for a bank or credit union to withhold your funds without a valid legal reason. Continuously providing... View More

1 Answer | Asked in Banking, Probate and Social Security for California on
Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?

My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how... View More

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answered on Oct 12, 2023

I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to... View More

1 Answer | Asked in Banking for California on
Q: Bank of america paid a claim for unauthorized use of my edd card. Claim was started late 2020. The account was closed

By and they won't let me access my money. They are claiming that the state recommended it be closed. I called the state and verified it was not the state and even called the bank with the edd staff attempted to clear it up.

The bank is not willing to budge. My money is being held in... View More

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answered on Oct 10, 2023

Under California law, banks have obligations to their customers, including providing access to funds unless there's a lawful reason for restricting access. If Bank of America is withholding your funds without adequate justification, you may have grounds to take legal action. Before resorting... View More

1 Answer | Asked in Contracts and Banking for California on
Q: I cancelled a contract for tax services within 3-business days. Am I legally entitled to a full refund?

I spoke with the owner over the phone and he verbally told me that he would refund my money if I decided to cancel. I disputed the charge on my CC, and now they are not returning calls and they are fighting my dispute. My CC company is saying they may not be able to win. I don't understand... View More

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answered on Oct 10, 2023

Under California law, certain contracts afford consumers a statutory right to cancel within a specific period, often referred to as a "cooling-off" period. However, not all service contracts fall under these provisions. If the contract for tax services did not include a provision for... View More

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