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Florida Banking Questions & Answers
1 Answer | Asked in Banking for Florida on
Q: Son in prison gave me power of attorney to make & deposit in a bank account his stimulas checks. I been refused. Why?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 29, 2021

Unless the bank has a current account in your son's name they will not allow you to cash any checks in his name. Why?

Because just because the bank has seen your son's alleged POA does not mean they know who he is; nor do they know if the POA is valid; nor do they care....
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2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... View More

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1 Answer | Asked in Estate Planning and Banking for Florida on
Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 4, 2021

I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... View More

2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... View More

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: An individual becomes incompetent can the executor of the estate perform financial matters?

Can the health poa also perform financial matters if someone is incompetent ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 4, 2020

If you are referring to a health surrogate form the answer is no.

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1 Answer | Asked in Employment Law, Banking and Employment Discrimination for Florida on
Q: Selective Enforcement of policy's. Over 40 in Florida

Is selective enforcement of policys an issue. My employer is holding me accountable for things that they are not consistently holding others accountable too. I am over the age of 40 in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 2, 2020

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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