Banking Legal Questions

A legal and irrevocable gift of property occurs when 1) the giver intends to gift the property to another party and 2) legal title to that property is transferred from the giver to that other party.  If he didn't change the title from himself to you, then it's likely you will not have a case to sue. Discuss with counsel for more specific advice. ... Read More

If the bank account is a transfer on death or payable on death listing you as a beneficiary, all you need to do is to produce the death certificate and your photo ID to the bank to get the money. If the bank account isn't a joint account or does not list a beneficiary, then it's more complicated. You will have to file a will if there is one and open up a probate case. ... Read More

If mom has no will and the home is titled in moms name alone, then moms home would pass to her husband and children under intestate succession. If mom had no husband then her children would be given the home. You need to open up a probate in the county where mom passed and get yourself appointed as personal representative of moms estate. Once you're appointed, you can start eviction proceedings to evict your aunt. You should retain counsel in your jurisdiction to handle all of this. ... Read More

No you will not be arrested but the Bank will most likely obtain a judgement against you giving them the option to enter a monetary judgement against you and recover funds in more ways you can imagine. We have dealt with clients who have been in situations like these and have helped them negotatie and settle the debt and even made it dissapare at times. I would recomend you reach out directly to an attorney to discuss the case in a premium consultation to get legal advice in how to protect yourself and your bank accounts. Looking forward to hearing from you. Good Luck.... Read More

If title to the property is in your husbands name, you need to open up a probate in the county where he died. In California, when a person dies without a will and has title to property in his individual name, that property will pass by intestate succession. You as his wife would be able to inherit 50% of the community property and 50% of his separate property. You need to consult with a California probate attorney for more specific advice. ... Read More

I would initiate a written dispute to the company so you can show a paper trail of your disputes. If the account is with a collection agency, you should be able to request a "validation package" from the collection agency where they send supposed documentation to "prove the debt." You'll likely want to also consult a consumer protection attorney that can advise you on various rights related ot the Fair Debt Collection Practices Act ("FDCPA") to explore the possibility if the collection agency is violating that law (or some other law) in some way.  You'll want to complete a police report as well as a FTC Fraud Affidavit detailing that this account is not yours. You'll also want to see if this fraudulent account is reporting on your credit reports. You should be able to access your Experian, Equifax, and Trans Union credit reports once per year for free. You'll want to see if that account (or any other fraudulent accounts) are reporting on any of the credit reports. If there are fraudulent accounts, you'll want to provide written disputes to each of the credit reporting agencies, along with any supporting documentation you have (police report, FTC fraud affidavit, etc.), detailing that this account, along with any other fraudulent account is not yours.  May consumer protection attorneys that practice under the FDCPA and the Fair Credit Reporting Act ("FCRA") offer free consultations and it might be good to contact an attorney!... Read More

Not sure why they are doing this. You need to give them a letter asking them for a writing explaining their policy to you: Why are they holding the funds? What is the legal basis for their actions? What will it take to release the funds? it might be as simple as closing the account, getting a check made to you and ex jointly and then you endorsing the money over to her. I am sure she will do what it takes to get paid. If they still refuse, you may have to go to court against them.   the good news is their conduct may constitute conversion and the damages for that can be significant.   ... Read More

Most states do not require probate if the estate is under a certain amount. I believe in Missouri, that limit is $40,000. If so then you can just complete a small estate affidavit and the bank should release the funds. Call a Missouri attorney to confirm the exact steps you need to take. ... Read More

My guess is that a lawyer would take the case if you paid on an hourly for the lawyer's time. Many potential clients want lawyers to take everything on a contingency and that is not realistic. Lawyers would go broke taking all cases on a contingency. Many cases will be hard to prove and costly to bring.... Read More

If your company has an overseas office which you have been employed in for more than a certain amount of time, then you would be entitled to obtain an L visa and work as an intra-company transferee after you set up a satellite office here in the United States. You should discuss your immigration case with an attorney for further guidance. ... Read More

I am sorry.  I can not understand what happened to you from the information you provided.  I understand your HELOC was paid in 2016 during a refinancing through the same bank. Are you asking if you have a cause of action because they didn't tell you that you could refi somewhere else with another lender?... Read More

I'm sorry to hear about the passing of your husband. If the bank account is a transfer on death or a joint tenancy with rights of survivorship then you would have to call the bank to see if they will distribute the proceeds to you if you just send them a death certificate. They may want to have you come in the bank in person. If the real estate is owned jointly, then any attempt to sell or mortgage it may also require your physical presence. So if your physical presence is required in the United States for the aforementioned reasons, then you would need the assistance of an immigration lawyer unless you already have a visa to travel here.... Read More