QUESTION

National Bank Complaint

Asked on May 30th, 2013 on Civil Litigation - Virginia
More details to this question:
WellsFargo (formerly Wachovia) allowed a family member (who was POA) to continue to write checks on my mother's account long after she was deceased. Only when I questioned them about it did they freeze the account. I was a beneficiary of the account and I hold them responsible for allowing her to write thousands of dollars of checks after her death. Can I hold them legally responsible?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Did the bank have reason to know that your mother was deceased or that the checks were fraudulent?  If no one notified the bank of your mother's death, and the family member had a right to write checks against the account while your mother was alive, then the bank may have done nothing wrong. . 
Answered on May 30th, 2013 at 3:09 PM

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