QUESTION

can I legally set up a bill pay from my sister in law's account to me?

Asked on Dec 02nd, 2012 on Business Law - North Carolina
More details to this question:
I have all her account information because I managed her money for her for a long time and had access to her account to pay bills for her. She has never told me that I no longer can access her account and has not changed the password. She owes me approximately 5000 dollars. I would be able to get about 1500 dollars in the manner.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The answer is "probably not." Although you have access to the account, your ability to pay yourself depends on the extent of your authority. In a dispute over this issue, it would probably come to light that you were authorized only to pay legitimate third-party bills and never authorized to pay yourself. Indeed, if you are no longer paying any such bills, the extraordinary nature of a one-time payment to yourself would underscore the impropriety that payment. You would be better served by obtaining her express authority to make the payment to yourself (in writing), or by having her make the payment herself.
Answered on Dec 02nd, 2012 at 1:03 PM

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