Legal Question in Wills and Trusts in California
My mother recently died. At the time of her death she had a savings, checking and Visa CC with a local credit union. I was listed was on the checking and savings, but not the CC. The CC was current, as just had made a payment. This morning we discovered that the credit union had removed all of the funds in the savings and checking and but them against the CC balance. Is that legal? A portion of the money was a recent deposit from Social Security that need to be paid back. Help.
Thank you,
Doug
1 Answer from Attorneys
Whether the credit union was entitled to do what it did will depend mostly on what their agreements were with your mother. If the credit card was secured by the accounts they may have been entitled to do so. If they were not, they would have had to make a claim in the probate of your mothers estate. Depending on the amounts involved, however, it may or may not be worth getting into a fight with them.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
