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Oklahoma Banking Questions & Answers

1 Answer | Asked in Criminal Law and Banking for Oklahoma on

Q: Do I need an attorney to sue my mother's bank who allowed her second husband to take her money, and close her accounts?

Her 2nd husband made her sign a Prenuptial Agreement. A year ago, my mother granted me, her daughter, Durable power of Attorney for financial management. April 23, 2019, Her 2nd husband filed a Petition to become her guardian and control her assets (breach of the Prenuptial) which I am contesting.... Read more »

Bruce Alexander Minnick answered on May 17, 2019

You definitely do need a lawyer; but not to sue the bank.

1 Answer | Asked in Banking and Federal Crimes for Oklahoma on

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

my sister works at the bank. She spent most of the money in the checking before notifying me of the PD.

Bruce Alexander Minnick answered on Apr 3, 2019

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.

1 Answer | Asked in Banking and Probate for Oklahoma on

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

Not certain which I need to do

Richard Winblad answered on Feb 10, 2019

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... Read more »

1 Answer | Asked in Banking for Oklahoma on

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

Do? They denied my first dispute and gave no explanation then they took 110 off of my most recent direct deposit. I just want my money back with answers. Ive called, emailed, and faxed meta bank and nothing is getting done. Im on a fixed income and cant afford mistakes like this

David Humphreys answered on May 9, 2018

Hire a lawyer and sue them under either the EFTA and:or the Fair Billing Act.

1 Answer | Asked in Banking, Civil Litigation, Divorce and Tax Law for Oklahoma on

Q: My divorce lawyer told me the adultry law had been repealed in the state of Oklahoma so is this accurate?

My ex wife was witnessed stealing my mail to file a joint tax return in which the money was not deposited into an account under my name as well as hacking my checking account to transfer money from accounts she was not on so how do I have her prosecuted for these 3 felonies since these issues were... Read more »

Gary Johnston Dean answered on Mar 9, 2018

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...
Read more »

1 Answer | Asked in Banking and Consumer Law for Oklahoma on

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

I signed for the loan not her, she says because she opened the account they will make her pay it, but this isn't an account were talking about its a loan....I can't afford it I need bankruptcy if I pay them a dime I won't be able to do the bankruptcy cuz I'm broke bad...she wants me to pay them... Read more »

David Humphreys answered on Jan 22, 2018

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.

1 Answer | Asked in Family Law, Banking and Small Claims for Oklahoma on

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.

We were an engaged couple who lived together for 2.5 years and have not been a couple since October 28, 2014. He is now married to someone new and living in California. I signed the title over to him in August 2017 so that he could trade it in, but he has yet to do so. The loan is in both of our... Read more »

Gary Johnston Dean answered on Dec 15, 2017

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.

1 Answer | Asked in Banking, Civil Litigation and Family Law for Oklahoma on

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

may father and uncle have joint banking accounts does my uncle's new wife have access to them

Jason Perkins answered on Nov 10, 2017

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... Read more »

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Family Law for Oklahoma on

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

my father and uncle have a shared bank account, my uncle just bought a new house from his new wife's ex-husband, how will this new marriage affect my father's shared assets and how might my uncle's mortgage effect my father and how might my uncle's new marriage effect my family's inheritance of... Read more »

Jason Perkins answered on Nov 10, 2017

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... Read more »

1 Answer | Asked in Banking, Child Support and Divorce for Oklahoma on

Q: Joint banking account debt mid divorce

My girlfriends ex's child support came out of their account before the divorce was final and she could take her name off of the account and it is negative over a thousand dollars. He is incarcerated and his mother doesn't have power of attorney yet (their attorney is dragging her feet and hasn't... Read more »

Gary Johnston Dean answered on Jul 19, 2017

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...
Read more »

1 Answer | Asked in Small Claims, Banking and Criminal Law for Oklahoma on

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

The check clears the bank but the person who sent it tells you that you need to send money from that check to another individual to complete the process.

Josh Davis answered on Apr 24, 2017

Yea, that's what we call a scam.

1 Answer | Asked in Banking and Criminal Law for Oklahoma on

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

Ive been accused of issuing a worthless check in 2004 in OK. Ive asked to see the check or to be given the name of the merchant as I dont recall writing any bad checks for $17. I left the state in '04 due to military PCS and was never informed about this check until a week ago. The DA offered me a... Read more »

Josh Davis answered on Apr 24, 2017

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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