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?
_________________________ Hey, where are we going and why I am in this handbasket?
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.
If the amount you're talking about is $2,000 or less, and you're able to deposit funds to the account as you noted above, is it possible that you could recompense the account to its previous status (i.e., to the dollar amount total prior to your ever withdrawing funds from it). Even once you retain a lawyer, I think everything has a much better chance of resolving itself amicably and without adverse consequences to you if the discussion regards the inadvertent withdrawals by you from an account that you have since made whole. It doesn't mean you'll get along any better with these natural children of your stepfather; but it would appear to be enough to deflect attention away from your initial acts -- which otherwise could easily be viewed as an attempted defalcation. There are times when it is right and cost-efficient to seek counsel, and this would appear to be one of those times.
Quote: If the amount you're talking about is $2,000 or less, and you're able to deposit funds to the account as you noted above, is it possible that you could recompense the account to its previous status (i.e., to the dollar amount total prior to your ever withdrawing funds from it). Even once you retain a lawyer, I think everything has a much better chance of resolving itself amicably and without adverse consequences to you if the discussion regards the inadvertent withdrawals by you from an account that you have since made whole. It doesn't mean you'll get along any better with these natural children of your stepfather; but it would appear to be enough to deflect attention away from your initial acts -- which otherwise could easily be viewed as an attempted defalcation. There are times when it is right and cost-efficient to seek counsel, and this would appear to be one of those times.
I can't put anything into the account, because his natural children have closed it. Sounds like I may have a problem.
Andy Z
Compliance is my life
Registered: 10/27/00
Posts: 18284
Loc: On the Net
The bottom line sounds like you took money from the estate. Your relationship with the others will come into play. They may calculate what you would have been entitled to, if anything, and deduct that. Maybe you'll have more coming, maybe you'll owe them and they'll allow you to repay the estate under some obligation agreement. Negotiating this now may save you all some time and expense.
The unfortunate side is that may people get greedy at times like this. The others may feel as though you stole from them.
You should call an attorney.
_________________________
AndyZ CRCM My opinions are not necessarily my employers.
You've Said these things : "I didn't tell his kids anything about what happened" Sounds like you were trying to hide something perhaps ?
"I didn't have power of attorney."
An admission that you knew that you should not be interfering with his finances "No, I'm not the executor" Definately means that you should have not been interfering with his estate. "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." The fact that you admit that you "took" the money (even though justified in your eyes) Is actually theft. "I can't put anything into the account, because his natural children have closed it. Sounds like I may have a problem"
I'm sorry that I think I agree with you I think you may be in quite alot of trouble. One question for you is, Why if you managed to procure most of his money just a few days before he died, did you not pay the outstanding bills with that and then wait for the executors of his will to pay his bills. After all that is what they are employed to do. Rather that potentially agrevate other members of the family at a particularly stressful time for everybody ?
Sounds like what my sister-in-law and her huisband did when my father -in-law died. They even cashed his pension checks against my advice after he died. They moved his furniture in their house and their son used his car.
Accounts
Article
Q&A
Podcast
Video
Blog
Discussions
PDF
Powerpoint
Reply
Quote
Quick Reply
Quick Quote
Appology accepted. Go in the watercooler and vent 
Previous Topic
Index