Legal Question in Wills and Trusts in Ohio

my father died

my father died oct. 2 at 3:15pm he lived in ohio with my cousin and her husband so they had access to his personal property so around 10 pm on oct. 3 they used his ATM card and took out money from his bank account I cant get exact numbers because his death certificate is not done yet but I did talk the bank into canceling his atm card but they could still write checks. The way the lady from the bank talked he did not have much money in there and they took the max out they could at one time. Plus I think it was his SS check for this month. What can I do to them and do I have to give his SS check for this month since he died on the 2?

they are not on his account, he did not have a will, and he did not have ins.


Asked on 10/06/08, 2:37 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: my father died

If your cousin and husband had no authority to access the funds (not joint owners of the account) then they can be required to return the funds. His social security funds for the month of October will need to be returned. If they were being direct deposited the bank should return the money to social security once they have been advised of his death.

I would suggest that you consult an attorney as soon as possible to determine the best course of action and protect your rights.

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Answered on 10/06/08, 5:58 pm


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