Legal Question in Credit and Debt Law in Maryland
I live in Maryland. I have a joint checking/saving account with my dad. He passed away in April. I have been handling the sale of his house since he passed. I made payments on the mortgage as long as I could. I missed two payments. The bank took the money out of our joint account to pay one mortgage payment. Does the bank have the right to take the money without notifying me?
1 Answer from Attorneys
Once your dad died, he was no longer a joint account holder. If title to the account was like most joint accounts, it should've been converted to an individual account. If you opened up an estate notice should have been given to creditors and they would have had certain time frames to make claims.
It may be complicated if you never notified the bank of his death in which case they likely considered this a joint account. Many institutions will have customers sign an agreement that allows the bank to take money out of an account.
While this post is not legal advice I hope it helps.
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