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Home >> Special Situations >> Deceased Individuals
Banks Makes Error - then Wants Me to Fix It!
Grandfather died, leaving everything to an aunt, my sister and me. The aunt is the executor, and cashed $50,000.00 of old checks before an estate account was opened and after bank knew he was deceased. The bank states they were wrong, and should not have cashed these checks that were written, she said before he died, but the bank is telling us we've got to get this money back from her, which she says she does not have. Shouldn't the bank get the money back from her, since they were the ones in the wrong? What laws do I have to help me?
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 On first glance, if the bank paid out $50,000 in error to your aunt, it should be the bank's responsibility to recover those funds. However, your narrative doesn't say why the bank feels it is your responsibility to obtain the funds from your aunt. Usually, when one party in a dispute relates the story of the dispute, the other party's side of the story is rarely told.
For example, if your real problem is that your aunt, by allegedly withdrawing the funds has somehow cheated you and your sister out of what you believe to be your money from your grandfather's estate, you have a legitimate reason to go to the probate court handling the estate and lodge a complaint against your aunt. The bottom line here is that your question is one that you should be directing to an attorney, because you need legal help with your problem.
Published on BankingQuestions.com 5/26/09
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