Oklahoma Banking Questions & Answers

Q: My mother had a payable on death benefit on her savings, checking and cd's. When is the money available to me?

1 Answer | Asked in Banking and Federal Crimes for Oklahoma on
Answered on Apr 3, 2019
Bruce Alexander Minnick's answer
Not until someone delivers an original or certified copy of your mother's death certificate to an officer of the bank. If your sister is not a beneficiary and is taking money out of any of your mother's accounts that contain payable on death clauses she is stealing; report her.

Q: How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate

1 Answer | Asked in Banking and Probate for Oklahoma on
Answered on Feb 10, 2019
Richard Winblad's answer
Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.

Q: I have been in a dispute against an prepaid visa company. They took $260 og m y money with no explanation. What can i

1 Answer | Asked in Banking for Oklahoma on
Answered on May 9, 2018
David Humphreys' answer
Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

Q: My divorce lawyer told me the adultry law had been repealed in the state of Oklahoma so is this accurate?

1 Answer | Asked in Banking, Civil Litigation, Divorce and Tax Law for Oklahoma on
Answered on Mar 9, 2018
Gary Johnston Dean's answer
Sorry, but adultery is still a felony in Oklahoma, punishable by up to a $500 fine and/or 5 years. See 21 OK Statutes § 871. Most District Attorneys are not interested in prosecuting these cases however. They're already overloaded with more serious crimes.

You should see your lawyer about the taxes. Was the refund addressed in your decree? You can also contact IRS about not signing the check, or the bank where deposited if you know what account it went into. I think that you're...

Q: I have a bank my mother helped me get. Her name is on the account. I got a loan she did not cosign can they go after her

1 Answer | Asked in Banking and Consumer Law for Oklahoma on
Answered on Jan 22, 2018
David Humphreys' answer
your mom is only liable to the extent she puts any of her money in the account. The bank can definitely drain the joint account to pay down the loan.

Q: I am still on a car loan with an ex, and he won't work with me to resolve it. What can I do? It's on MY credit report.

1 Answer | Asked in Family Law, Banking and Small Claims for Oklahoma on
Answered on Dec 15, 2017
Gary Johnston Dean's answer
Sorry, but this happens when 2 parties are on a loan. You can however put a statement explaining it in your credit file with all 3 national credit bureaus. Visit their websites for information.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

Q: my uncle just got married yesterday, does his wife have access to his banking and other accounts

1 Answer | Asked in Banking, Civil Litigation and Family Law for Oklahoma on
Answered on Nov 10, 2017
Jason Perkins' answer
There are a few questions here that are left unanswered. You really should sit down with an attorney and discuss. However, it really depends on your uncle and what he gives her access to. If he gives her the credit card to the account then theoretically yes she has access. If he does not however then she would not have access. This question is more dependent on what your uncle does and not just because they got married.

Q: my uncle just got married yesterday, my father and uncle share banks accounts how will this affect my father and family

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Family Law for Oklahoma on
Answered on Nov 10, 2017
Jason Perkins' answer
There are quite a few unanswered questions here. I would recommend siting down with an attorney to answer a lot of the intricacies that this question could entail. Essentially though the new wife would only be entitled to an equitable division of the assets that the uncle owns. If the uncle owns 1/2 of an asset the new wife could be entitled to an equitable division of that half. This is all dependent though on numerous factors. It would really be in your best interest to consult with an...

Q: Joint banking account debt mid divorce

1 Answer | Asked in Banking, Child Support and Divorce for Oklahoma on
Answered on Jul 19, 2017
Gary Johnston Dean's answer
The bank overdraft is the JOINT Responsibilty of both parties. The divorce could order him to pay, or hold her harmless, but if he is long term incarcerated, the bank may come after her.

Nothing prevents opening a new account now. She should have her own attorney in the divorce. She should consult an experienced Family Law attorney for help

Q: Can you send someone a bad check on purpose to put them in debt?

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on
Answered on Apr 24, 2017
Josh Davis' answer
Yea, that's what we call a scam.

Q: Is there a Statute of Limitations for a misdemeanor worthless check in the state of Oklahoma?

1 Answer | Asked in Banking and Criminal Law for Oklahoma on
Answered on Apr 24, 2017
Josh Davis' answer
Depends on when they filed the case against you. Generally if it's filed within a couplw years of the check they are good without looking at the statute. However, you might have grounds to file a Motion to Dismiss for Failure to Prosecute due to the length of time it's taken them to apprehend you.

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