Get free answers to your Banking legal questions from lawyers in your area.
My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... View More 
answered on Aug 10, 2022
If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.
We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More
answered on Aug 10, 2022
It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More
Hired contractor to build home in September, he had one application for septic turned in that would be $20,000 over, it is now April and no permits have been issued. Looking to see options to get initial payment back and go with different builder.
answered on Apr 5, 2022
What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.
Is this even legal? I’ve got bills to pay. Family to feed. I deposited 3/25/22 and was told there’s a hold on it until 4/4/22.
answered on Mar 28, 2022
Holds on checks are not uncommon and legal, particularly if the check is out of the ordinary for the account. A check is not money, it is a promise to deliver money. When you give a bank a check, it has to clear through the federal reserve system before your bank actually gets the money from the... View More
To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it
answered on Jan 11, 2022
If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.
He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred
answered on Nov 18, 2021
If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More
A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... View More
answered on Nov 4, 2021
Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.
answered on Aug 31, 2021
It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.
The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... View More
I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... View More
answered on Aug 2, 2021
Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.
My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state. We have no idea where she is. If she comes back, which charges can I push against her? And how long is the statute of limitation before we can no longer push charges?
answered on Jun 16, 2021
12 years old? You need to be talking to the police. If she is found, they will investigate what happened to the money. The prosecutor would determine charges - but as a juvenile.
Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.
answered on Jun 15, 2021
Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... View More
She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.
answered on Mar 3, 2021
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More
My sister was named executor over the will. I was wondering if the joint bank accounts my mother and I had Together would have to go through the probate or would be considered part of the will.
My mother always helped her sister out with finances and my sister is trying to take out that... View More
answered on Sep 28, 2020
If the account was "Joint with Rights of Survivorship" as most "joint" accounts are, the account goes directly to you. It does not go through probate and therefore is not controlled by the Will. All you need to do is take an original death certificate and a photo ID to a bank... View More
They cant find ANY details on where the cash came from. The person in question denys to answer ANY questions.
answered on Jun 25, 2020
The IRS can issue an IRS Summons to any banking institution involved in the transaction (the bank that received the funds, for example), requesting copies of bank statements, wire transfers sent or received, ACH transactions, etc., and trace where the money came from. Unless it was a cash purchase... View More
Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... View More
answered on Jun 25, 2020
It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.
my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.
answered on Apr 29, 2020
You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... View More
I opened an account with a bank, and hardly used it for almost a year. During that time period, the amount of funds never went past $500, or negative. My intent was to switch banks once I felt more comfortable with the establishment. Well, my first major transaction was flagged, and without... View More
answered on Apr 13, 2020
I think your bank suspects you fraud. It’s not discrimination. What you’ve done is highly suspicious. It may be legitimate but they are going to investigate.
I had two checking accounts one was closed by my bank cuz I failed to pay the balance off so they took money out of my current account at the bank to pay can they do that
answered on Feb 11, 2020
Yes. Banks are allowed to recover any money they lost from any source available. The solution is to spread your money around and not keep all of it in one basket.
answered on Nov 5, 2019
There are several questions that need to be asked.
How much money is in that account?
Did she have any other property?
Did your grandma have a will?
If not her inheritance would be governed by the Ohio laws of intestate succession.
So the next question would... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
