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  1. #1
    Join Date
    Dec 2008
    Posts
    6

    Default Deceased Mother's Checks Deposited

    My question involves a banking matter in the State of: Alabama
    My mother died in October of 2005. She was receiving a
    > monthly check of $1,845.00 as a loan repayment she made to a software
    > company. I notified the company of her death and for some reason the
    > president of the company kept sending the checks to her address. The
    > checks were made yo my mother. I found out this past Feburary that my
    > sister, who moved into my mother's house with her family, opened a new
    > account at the local bank and has been depositing the checks with 'for
    > deposit only' on the back of the check. 26 checks in all. She and my
    > brother-in-law are joint owners on the account and both have written
    > at least one check apiece from the account. On for $888.00 and one for
    > $800.00. The software company still has some $11,00.00 of the loan
    > balance. When I found out about this and started asking questions,
    > the bank and the company froze the accounts and had me and my sister
    > sign a release from prosecution agreement just to get the funds. There
    > is a will but i t has not been probated. How was my sister allowed to
    > do this and why would I need to sign a release form just to have
    > access to my mother's money? Any banking laws broken here? This
    > happened in Alabama.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Deceased Mother's Checks Deposited

    First off, why has the will never been probated?

  3. #3
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    Thank you for your reply. The lawyers I have delt with tell me that there is really nothing to probate. I am totally ignorant in these matters and rely on their advice.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Mother's Checks Deposited

    were the lawyers aware of the
    $11,00.00
    (I'm guessing you meant $11,000.00)?

    did ma owe anybody anything?

    so how do you somehow get mom's funds? That is just as improper as what sis and BIL did.

  5. #5
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    You are correct. It should be $11,000.00. And I informed the lawyer(s) that the checks had been mailed and my sister was depositing them as soon as I knew. I was the curator of these funds. Per my Mother's request, my sister was not to know anything about it. My sister is a hopeless alcoholic and nobody, especially Mother trusts her. Don't know if this is pertinent information. It's just part of the situation.
    And no Mother didn't owe anything. I had the durable power of attorney and made sure her bills were paid.

  6. #6

    Default Re: Deceased Mother's Checks Deposited

    You don't need an attorney to open probate. go down to the probate court and file to be the personal representative. Then you can open an estate bank account and deposit the money and properly distribute it. Assuming there is no will and there is only the two of you, each will get half.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Deceased Mother's Checks Deposited

    OP did mention in their first post that there is a will but it was never probated.

  8. #8
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    Good advice. Thanks!
    What about the legallity of having to sign a release from prosecution form from the bank and the software company just to get the money? What liabilty does the bank have for allowing the deposits? What kind of charges can be brought against my sister for doing this?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deceased Mother's Checks Deposited

    What about the legallity of having to sign a release from prosecution form from the bank and the software company just to get the money?
    well, since your mom is deceased and you and sis claimed to have rights to the funds and no probate was necessary, it sounds like they were simply covering their ass for allowing you access to the funds without the proper letters to allow this.

    What liabilty does the bank have for allowing the deposits?
    a lot depends on what sis told them. Maybe she told them the same thing you told them to get the money?

    What kind of charges can be brought against my sister for doing this?
    theft, fraud, conversion come to mind.


    How is sis wrong for doing the same thing you did? You both have taken money from the account without proper accreditation (at least from what you have posted)


    and why does the lawyer believe there is no reason to probate the will?

  10. #10
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Deceased Mother's Checks Deposited

    Thanks for all the comments.
    "well, since your mom is deceased and you and sis claimed to have rights to the funds and no probate was necessary, it sounds like they were simply covering their ass for allowing you access to the funds without the proper letters to allow this."
    I'm an engineer not a lawyer but having to sign a release sounds a lot like blackmail to me i.e., you sign this or you won't get the money. For the record, I didn't receive any of the checks therefore I didn't have access to the funds. The checks were made out to my Mother and mailed to her address. My sister, who moved into my Mother's house after she died, opend the letters, opened a new joint checking account with her husband and deposited 26 monthly checks without my knowledge. They even wrote one check each from this account totalling $1,680.00. With this length of time involved, she obviously had no plans to tell me.

    "a lot depends on what sis told them. Maybe she told them the same thing you told them to get the money?"
    When I told the bank what was going on, the account was immediatly frozen. The sofware company did the same thing.

    "How is sis wrong for doing the same thing you did? You both have taken money from the account without proper accreditation (at least from what you have posted)"
    Sorry if I led you to that conclusion but no I have not received any money from this fund since mother died

    "and why does the lawyer believe there is no reason to probate the will?"
    They tell me it is not worth the expense.

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