Legal Question in Banking Law in Louisiana

My mother passed away and her brother in law wrote checks to pay for her funeral and other expenses out of her checking account he signed them in his own name and was not on her account but the bank still let it go through can I sue the bank?


Asked on 1/03/10, 4:59 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

Yes. A bank is what is called a "compensated depositary" under Louisiana law. They have a duty to protect your deposits. By allowing an unauthorized user to write checks and by failing to freeze the account of a deceased customer, they breached their duty. They should be held liable for the stolen money.

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Answered on 1/12/10, 7:48 am


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