Legal Question in Banking Law in New York

cash recovery (theft) by bank

my mother had her bank (jp morgan chase) remove money from her singular sole named account to offset a joint account (negative balance),(which she opened in a bank of NY branch which was then changed to jp morgan chase) she had with her husband (primary account holder) but was closed by a court appointed guardian for him and she has no control over. we argued with them that this was no way legal? were we wrong ? if not what do we do next?


Asked on 11/30/07, 10:51 pm

1 Answer from Attorneys
Glenn Liebert Delain & Liebert, PLLC

Re: cash recovery (theft) by bank

As a general matter, there is usually a terms of use agreement for bank accounts such as your mother and her husband have. I would suggest that your next best step would be to find these agreements.

Unfortunately, I can't really be any more specific without having some questions of my own answered. First, why is a court-appointed guardian involved, and do they have a power of attorney? Second, what was done with the money? It sounds like a confidential consultation with an attorney is in order for your mother's matter. Most generally do not charge for the first half hour of their time, and such a consultation could give you a better idea of what to do next.

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Answered on 12/04/07, 3:02 pm


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