Legal Question in Banking Law in California

My boyfriend passed away in 0210, and we have a joint checking account together, My boyfriend also had a credit card with the same bank and his balance is around $2000, the credit card was in his name only, my question is now that he is deceased, do they have a right to come into my checking account and take my money out of my account to pay back his credit card? I'm afraid of that happening, do they have a right to do that? thanks


Asked on 3/11/10, 8:01 pm

1 Answer from Attorneys

It depends on how the account was held. If it was as joint tenants or "JTWROS" then the money is all yours now. If not held as joint tenants the bank could conceiveably draw from the account to pay the credit card. The simple solution is to empty the account and move your business to another bank.

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Answered on 3/16/10, 11:10 pm


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