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Florida Banking Questions & Answers
2 Answers | Asked in Banking, Estate Planning and Probate for Florida on
Q: As a son can I inherit part of the money located in my deceased father joint bank accounts with his surviving wife?

The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.

Evelyn Suero
Evelyn Suero answered on Oct 3, 2020

In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific... Read more »

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3 Answers | Asked in Banking, Estate Planning, Real Estate Law and Probate for Florida on
Q: All the money in savings and checking bank accounts go to the surviving spouse if they were joint accounts? No will

The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.

Evelyn Suero
Evelyn Suero answered on Oct 2, 2020

In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.

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1 Answer | Asked in Banking for Florida on
Q: Is it legal for a bank to require a non account holder to create a profile with personal information that includes DOB

social security number in their data base in order to cash a check less than $500. drawn from their bank. They refuse to cash the check unless I created a profile. I feel they are trying to invade my privacy, gathering information. Why is a driver license and a thumb print not good enough? Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

IMO, you have four choices here: (1) Agree to do what the bank wants (and have no more problems); (2) open an account at the bank and have no further problems; (3) take your checks to a check-cashing company in your area (and have big problems if any check bounces); or (4) find a friend who will... Read more »

2 Answers | Asked in Banking for Florida on
Q: If you have a joint bank account with someone and I received a refund from the IRS directly deposited in the account

and the other person withdraws the money, can I go after them to get the money back?

Martin George Prego
Martin George Prego answered on Sep 4, 2020

It will depend on the type of joint account, the terms of the bank account, and other considerations. I will be happy to give you a free assessment should you contact my office: www.pregolawgroup.com

Sincerely,

Martin Prego, Esq.

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1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Florida on
Q: I have an open case with the EEOC for wrongful termination. I have an employment attorney that I am working with,

however, I am being subjected to constant cyber attacks via my personal computer and my phone by my former employer. I am looking for an attorney to assist me with an injunction or a protection order...something to make them stop the attacks. Is this possible?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

If you are currently prosecuting an EEOC charge and have an employment lawyer assisting you then get off the Internet and call your lawyer. You CANNOT do what you think you want to do; and no Florida lawyer will help you anyway. You MUST report all of this to your employment lawyer.

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: CAN I SUE THE BANK?

THEY ARE SAYING LIKE I HAVE 4 DAYS TO RESOLVE OR FUNDS ARE SEIZED FOR UP TO 2 YEARS. MONEY MISSING, AND ASKING MY BROTHERS SIGNATURE THAT HE IS THE APT LEASE HOLDER..CAN I SUE THE BANK FOR DISCRIMMINATION? THEY CAN SEE IS FROM BENEFITS FROM UNEMPLOYMENT AND MY SCHOOL. I DO FEEL DICRIMMINATED... Read more »

Martin George Prego
Martin George Prego answered on Aug 17, 2020

Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... Read more »

1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

3 Answers | Asked in Banking for Florida on
Q: I worked for a real estate company that contracted with bank owned property management companies to inspect properties.

I submitted some photos that I had taken for prior months & now I’m told they are investigating me for bank fraud. I’m trying to find out if that’s even possible to charge me with bank fraud, if you think that it’s probable being there was like 5 photos like that & they charged me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

It's not clear what you did, who are investigating you, or who told you this. You probably should consult with an attorney and in the mean time cease posting in public media.

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1 Answer | Asked in Banking for Florida on
Q: How do I put a lien on someones bank account?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 11, 2020

The simple answer is that to put a "lien" on someone's bank account you must have a control agreement between you, the account holder and the bank. This usually serves a security for a loan so there would be additional documents such as a note and an assignment of the account. The... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: What are the laws and requirements that bind money transmitters in Florida?

I would like to start a money service business specialized in money transfer overseas. Where do I start?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

The first place to start doing anything in the financial arena as a business is seeking a license to do what you want to do from the Florida Department of Financial Services in Tallahassee. Google them.

You will improve your chances of success in being approved if you hire a very...
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1 Answer | Asked in Banking and Contracts for Florida on
Q: I rented a car during the coronavirus epidemic, I am a couple days over due and plan on paying my cost of the rental

Should I worry about being charged with grand theft?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Lawyers cannot tell you what a rental car company is going to do under any set of facts. however, in general I will tell you that the quicker you return the rental car--to the same agency office where you rented it--and pay all the late fees and pay for the extra time you have been driving their... Read more »

2 Answers | Asked in Banking, Civil Litigation and Libel & Slander for Florida on
Q: How can I best deal with someone using my personal information online in a fraudulent way?

A former colleagued has altered her online banking account with my email and address so they will contact me instead of her.

Charles M.  Baron
Charles M. Baron answered on May 31, 2020

That's odd - why would she want her bank to contact you and to send her bank statements, etc., to you instead of her? Whom is she trying to defraud? - and the fraud is causing them to take what action that will benefit her? And why are you wondering what do to - wouldn't you simply... Read more »

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2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Gov & Administrative Law for Florida on
Q: what are my options once contract signed for car loan process, same day dealer drop price and continued advertising new

After singing and in processing used car loan agreement contract, in the same day local tampa bay dealer drop car price continue advertising price drop. Am I entitled to new car price drop, even loan contract signed,send forbank approval?? what are my options. Thanks,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

The (amazing) fact that the dealer lowered the price on the same used car that you were purchasing that same day has nothing to do with your transaction. The written contract you signed was complete when signed.

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3 Answers | Asked in Banking and Collections for Florida on
Q: Since 2016 my loan payment has been made (accidentally) from a stranger's account within my same credit union.

They called today and said they just realized this. I have been getting notices every month saying the payment was made. But now they tell me I wasn't making it and want me to pay it all back. I'm devastated. I need a new car and will have to make two payments. I have lots of out going... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 5, 2020

What's your question? In round numbers, somebody paid 36 months of your loan payment, and in 36 months you never realized that the payment wasn't coming out of your account? Yes, you need to pay it back. You never paid it in the first place.

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1 Answer | Asked in Banking for Florida on
Q: Is a bank allowed to pay a commission to someone who is not a mortgage broker for the referral of a CRE loan?

Referral of a commercial real estate loan?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 1, 2020

There are not enough facts for any lawyer to answer your question. You will need to tell us WHO the person allegedly doing the referring is (not their name) and what is your interest here?

FYI generally: Banks are allowed to "pay commissions" to most any source actually referring...
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2 Answers | Asked in Banking for Florida on
Q: Can an overseas bank, United Investment Bank UAE, request $35,000 for Non Resident Tax in order to release the funds?

I am assisting a friend who has an inheritance of 14.5 million and is unable to transfer her funds to her SunTrust account.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2020

For that kind of money, she should seek the services of an attorney knowledgeable in international banking.

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1 Answer | Asked in Banking and International Law for Florida on
Q: How to make bank statement from US bank valid for use by a foreign government (proof of sufficient income)?
Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

As a general matter, a bank statement could be considered a valid document for any number of purposes - having a bank account at a certain bank, proof of conducting transactions at a bank, proof of revenues or expenses, etc. It could depend on what the government requires as a form of proof - pay... Read more »

1 Answer | Asked in Banking and Civil Litigation for Florida on
Q: So I am still current. Was informed it would have no negative effect. I even Called to cancel Still it was reported

Since it was reported and new refinance lender found it reported they withdrew closing.

Was I not negatively affected?

Can I pursue?

Charles M.  Baron
Charles M. Baron answered on Apr 10, 2020

Your inquiry is incomprehensible. You seem to be assuming that those viewing your question can read you mind and know what you are current on, what was supposed to have no negative effect, who said that, what you canceled, what was reported to whom, and whom you wish to "pursue".

1 Answer | Asked in Consumer Law, Real Estate Law, Banking and Civil Rights for Florida on
Q: COVID 19 Reporting to Credit Agency and Negatively affecting borrower after being promised it would not be.

A lender reported to credit agency during COVID 19 Forbearance. It negatively affected a refinance and canceled closing. I was informed it would not be reported and would not negatively affect us in anyway since we are current. Did they break law reporting it and affecting my refinance that was... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 10, 2020

From the Consumer Finance Protection Bureau:

Credit reporting under the CARES Act

The recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act places special requirements on companies that report your payment information to credit reporting companies. These...
Read more »

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