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.
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.
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...
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.
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.
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...
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
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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