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Maryland Banking Questions & Answers
1 Answer | Asked in Banking and Civil Litigation for Maryland on
Q: What quailifies somone as a convinice oerson on a joint account. Does it have to be expressly stated?

Can the role of convenice person be presumed based on who added money to the account and how it was used if nothing was expressly stated in the account agreement?

Mark Oakley
Mark Oakley answered on Mar 19, 2022

If two person's names are listed as joint account holders, and there is no designation otherwise, the law presumes the account is joint owners with right of survival, and both account holders have equal access to the funds from the bank's perspective. However, if there is an agreement... Read more »

2 Answers | Asked in Banking for Maryland on
Q: Can I open an UTMA for a 15 year old?

I was under the impression that once a child was over 13 years old, an UTMA could not be established as a savings, it is then a youth savings or joint. What is the case, I can find a lot of information on disbursements of UTMA but nothing on establishing. This is an UTMA unrelated to Title 13

Mark Oakley
Mark Oakley answered on Jan 8, 2022

UTMA stands for Uniform Transfer to Minors Act and is governed by Title 13 of the Estates and Trust Code, so claiming an UTMA account isn't governed by Title 13 will do you no good. There is no age 13 limit. The age of majority in Maryland is 18, so any person under 18 is a... Read more »

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1 Answer | Asked in Banking for Maryland on
Q: How do we find out WHO the designated beneficiary is on my mother‘s dead BF‘s bank ACCT ? They won’t tell us & she’s bed

She is bedbound with expired ID but quite lucid

Mark Oakley
Mark Oakley answered on Nov 4, 2021

Only the beneficiary named on the account or the Personal Representative appointed to act on behalf of the deceased account holder's estate is entitled to that information. If your mother cannot communicate directly with the bank, but is mentally competent, then she might execute a power of... Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Maryland on
Q: Good evening. I bought a house with a girlfriend in November of 2014. At the time of buying we had been together about

a year and a couple years. Fast forward we ended up breaking up in June of 2018. Quick detail, her father 'gifted her' $265,000, which is what was used to buy the house. Each month I would pay her Father $1,000, 'morgage' I would also pay USAA home insurance and property taxes... Read more »

Mark Oakley
Mark Oakley answered on Jul 24, 2021

You fail to identify whose name(s) is/are on the deed. That will determine legal title and ownership. If your name is not on the deed, then you are left with a claim to some equitable ownership interest based on your $1,000 monthy payment toward repaying the $265,000 "loan" to buy the... Read more »

1 Answer | Asked in Banking for Maryland on
Q: Hello, my boyfriend temporally lives in Frankfurt Germany and he is having issues with his online bank.

He is a surgeon for WHO in Frankfurt Germany and having issues with his online bank. His online bank put his account under dormant. He needs to access his account but also having issues with server there. He asked me if I can access his account and gave me the password and account number. My... Read more »

Mark Oakley
Mark Oakley answered on Jul 13, 2021

If you are acting with the permission of the account holder, at his direction, then you are not committing any crime. If the bank has an internal policy regarding its account customers granting others access to their online accounts, then that is a civil contractual matter between the bank and... Read more »

1 Answer | Asked in Banking for Maryland on
Q: Advice for answer to Bank Law Suit.

Defaulted on unsecured credit card and LOC payments .

Bank filed a Law-suit, and Court has given 30 days (04/13/21 received on 4/29/21) for Pleading or Motion.

Fines and penalties aside, the Bank’s claim is right. But I have no money or personal things, to pay. I live and survive... Read more »

Mark Oakley
Mark Oakley answered on May 4, 2021

I’d be concerned if you owned real property in your sole name, but other than that, you sound judgment proof. If you do own a home, and it’s tiled as tenants by the entirety with your wife, then that property is safe. They can’t attach SSI with a garnishment even if it was your SSI, but they... Read more »

1 Answer | Asked in Banking and Business Formation for Maryland on
Q: Can a minor operate a bank account for a business?

I'm an 16 year old trying to start a non-profit. As a minor, am I allowed to operate the bank account for my non-profit?

Mark Oakley
Mark Oakley answered on Feb 1, 2021

Until you turn 18, you are deemed a minor without legal capacity to enter into binding enforceable contracts. That means no other parties will agree to do business with you if they know you are a minor. Banks require that you show photo ID and proof of age, so you cannot open an account solely in... Read more »

1 Answer | Asked in Estate Planning and Banking for Maryland on
Q: Rules on checks written to minors. How do you do this correctly?

Can I write a check to my 2 year old grandson in his name. Of course, his father would have to endorse it. Would he have to set up a new account for the child?I recall getting a check as a child and it read pay to the order of my name (minor).

Please let me know. Thank-you

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 18, 2021

Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Banking for Maryland on
Q: Can I press charges if I was given a fake check which took me a $30 stop payment fee check after cancelling the deposit?

Some men messaged me. He told me he'd give me an "allowance" and he said we needed to do a test in for him to know that he can trust me. He sent me a check and told me to deposit it and I did. Then I got scared and after doing some research I realized that he was doing a popular... Read more »

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Call the police and provide the email address, telephone numbers, names, whatever it is you have. My guess is the scammer is too smart to use anything traceable back to him, but that's an issue for the police to figure out.

1 Answer | Asked in Banking, Insurance Defense and White Collar Crime for Maryland on
Q: If I have been falsely accused of forging personal checks by a life insurance company what can I do to prove my innocene

If I was made the beneficiary of an anuity and the life insurance company the anuity was through says that their "signature expert" says that checks that were signed by the anuity holder and issued to me as reimbursement dont match alleging that they may have been forged what can I do to... Read more »

Mark Oakley
Mark Oakley answered on Jun 2, 2020

It is unclear whether you have actually been charged with a crime, or whether the insurance company holding the annuity account is simply dishonoring the checks written by the owner of the account. Ideally, the account owner can clear this up by confirming the signatures on the checks is... Read more »

3 Answers | Asked in Banking, Criminal Law and Federal Crimes for Maryland on
Q: can I get charged for committing fraud I didn’t know was happening? Can I put this back on the bank? And my boss?

I got a new job, it’s been done through email so far, seems silly I know but I’m 18 and naive as heck apparently anyways, I get sent a check, I tell the bank lady what I thought it was for, the deposit it, my boss tells to go to Walmart and get money orders and send them else where. Later the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 9, 2020

This is actually a pretty common and well-known scam. If you're charged you should immediately hire an experienced criminal defense attorney. Don't make any additional posts about the situation online.

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1 Answer | Asked in Banking, Estate Planning and Probate for Maryland on
Q: Mom and I got a joint checking account a year before she started to get bad. Is this account legally mine?

My mom passed away and a year before she passed her and I got a joint banking account together. Now that she has passed my sister is taking me to Court for the money in the account. How can she do this when I have survivors rights to the account and it's not part of the estate. She's... Read more »

Mark Oakley
Mark Oakley answered on Mar 2, 2020

You are probably on solid legal ground, but anybody can sue anybody whether they can prove the legal right to win or not. Injunctive relief is permitted when there is an immediate irreparable harm that will occur if the court does not issue an immediate temporary order to stop another party from... Read more »

1 Answer | Asked in Banking for Maryland on
Q: Can I prosecute check forgery with only a xerox of the forged check ? The bank destroys original checks.

The College Park post office's outside mailbox was broken into, and 4 of my checks were among the stolen letters. Using a stolen check, a person "doctored" all the original information on it so that the check was made payable to him for the sum of $6,000. He then attempted to deposit... Read more »

William Jaksa
William Jaksa answered on Dec 3, 2019

Why not refer the matter to the police? They investigate these types of crimes every day and understand the rules of evidence and the quality of evidence that is needed.

The short answer is 'yes'. The police will take statements and affidavits from the bank employees, video...
Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
Read more »

2 Answers | Asked in Real Estate Law and Banking for Maryland on
Q: Does the buyer's bank have an obligation to complete their actions on a home sale in a certain period of time?

I'm selling my home in Allegheny County and buying another close by on a contingency of selling my house. The purchase of the new house has gone without a hitch. The sale of my current home however has been difficult. Buyer took a lot of time getting final documentation to her bank. Now... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 13, 2019

You have no privity with the buyer's bank, and they have no duty to you. Indeed, they have a duty of confidentiality with their customer, such that they should not tell you if the real problem here is the buyer. Your contract with the buyer controls your relationship. The buyer's contract... Read more »

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2 Answers | Asked in Banking for Maryland on
Q: I have recently come across a scam that involves the use of united states post office boxes and a local bank branch.

My banking account was accessed using this scam and money is now missing. Do I need a lawyer or should I continue to look into this problem on my own.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

It is difficult if not impossible for any lawyer to tell you whether you should seek legal assistance or continue looking into the problem on your own--when you have not described the problem first.

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1 Answer | Asked in Banking and Consumer Law for Maryland on
Q: Is it legal for my friend and I to use our joint acct to charge 10% int on a 4 mth loan to friends that own business

My friend and I have friends with businesses that want to loan money from us at regular intervals. The minimum loan is $10,000 and maximum is $40,000. We are opening a joint bank account for the purpose of giving out loans to our friends and family. We want to charge 10% for a 4 month loan term... Read more »

Mark Oakley
Mark Oakley answered on Aug 23, 2019

If the loan agreement is in writing, interest in a loan my not exceed 24% per year, and must comply with numerous other legal requirements in order to avoid the risk of violating the users laws. Owing 10% interest at the end of 4 months is an effective annual interest rate of 30%. Not only is the... Read more »

1 Answer | Asked in Banking for Maryland on
Q: My dad recently passed away he list his sister on one of his bank accounts however now the sister has dementia but her

Daughter is her power of attorney what would happen in a case like this?

Mark Oakley
Mark Oakley answered on Aug 8, 2019

Your father's sister now owns the funds in the bank account. Her daughter has the authority under the POA to manage the funds for her mother's benefit, and owes a fiduciary duty to her mother to only act in her mother's interest regarding the funds. Depending on how the POA is... Read more »

1 Answer | Asked in Banking, Civil Litigation and Contracts for Maryland on
Q: if I use Maryland code § 11-504 regarding $6,000 exemption, can I file multiple objections if they file a 2nd garnishmen

I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?

Mark Oakley
Mark Oakley answered on Jul 9, 2019

Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... Read more »

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