My mother and step-father passed away last year. My step-father wasn't close to his kids from his first marriage. When my mother died, my step-father became ill and then he died. I didn't tell his kids anything about what happened, but went about paying his bills using the online banking. Now it's been a little over a year, and my step-father's children have shown up and commenced probate. They're having the transactions investigated. Can the bank sue me for paying bills out of the account?
Devil Queen
Compliance is my life
Registered: 12/04/02
Posts: 13604
Technically then, you did not have rights to access the accounts at all. IMHO you should contact an attorney and get his/her thoughts. State laws may play a part in this as well. From the fact that the estate is being probated tells me you are not the executor, correct?
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John Burnett
Compliance is my life
Registered: 10/27/00
Posts: 12642
Before you get all worked up about this situation, things may not be as bad as they seem. Although I agree you will want to talk to an attorney, it's possible that because you were paying bills that would have to have come out of the estate anyhow, the heirs will not have lost anything, and won't have a reason to sue.
But do get that legal advice, if for no other reason than to set your mind at ease!
Well, only one or two of the things paid were his bills. The others were mine. He told me, when he died, to take care of his bills and I took the rest to reimburse myself for taking him to the doctor, the hospital, and things like that. I'd already convinced him to give me a majority of his money a few days before he died, so we're talking about $2,000 here in online transactions. Plus, I did deposit two checks into the account after both of them died.
Devil Queen
Compliance is my life
Registered: 12/04/02
Posts: 13604
I also agree with John on the fact that if you did not receive benefit from those funds and were paying the bills for the deceased, make sure you have your proof (statements, bills, copies of checks). I am sure you will need to prove your innocent intentions.
_________________________ Hey, where are we going and why I am in this handbasket?
John Burnett
Compliance is my life
Registered: 10/27/00
Posts: 12642
Quote: Well, only one or two of the things paid were his bills. The others were mine. He told me, when he died, to take care of his bills and I took the rest to reimburse myself for taking him to the doctor, the hospital, and things like that. I'd already convinced him to give me a majority of his money a few days before he died, so we're talking about $2,000 here in online transactions. Plus, I did deposit two checks into the account after both of them died.
As the story evolves, things look a little darker. The dollars here are not huge, but your state law may treat this sort of thing harshly. Go talk to that lawyer.