Legal Question in Credit and Debt Law in New York

My father passed away recently and my family made a courtesy call to his credit union informing them of his death. The Credit Union then proceeded to freeze the accounts and used the funds from his savings account and applied it towards his credit card debt. After we contacted them requesting an explanation, they sent an email stating what they had done. Is there anything we can do to get the funds back?

Asked on 5/08/13, 8:52 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Unless his credit card agreement permits that, they had no authority. The estate would have to sue. However, they could counterclaim for the $ owed.

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Answered on 5/08/13, 9:14 am

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