Can the credit union pay off my deceased mother’s credit card without my authorization?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the credit union pay off my deceased mother’s credit card without my authorization?
I am joint owner on my deceased mother’s cheking and savings accouts but not a joint owner or authorized user of the credit card issued by the same financial institution. I received a phone call from their decedant accounts rep who acknowledged me as joint owner but then also mentioned the credit card. I specifically corrected him on that. He said he was sending a form for me to complete so I could transfer the funds to my own account (I am a member with a separate account) an to provide death certificate. In the interim, credit union transferred funds out of her account and paid off the credit card without my authorization.
Asked on August 24, 2012 under Bankruptcy Law, Maryland
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states as well as federal law, for a credit union to unilaterally transfer funds from a customer's bank account to pay off a debt on a credit card is not allowed unless there is an express written agreement signed by the account owner to do so.
Given the death of your mother, her authority to allow such transfer ended upon her death assuming she signed a document allowing such. You are designated as the joint owner and never agreed to such. I suggest that you have a meeting face to face with the bank's manager to resolve what transpired.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.