Legal Question in Banking Law in Oklahoma

Freezing Bank Account ?

My mother recently died - she has a joint bank acct at a small town bank. The acct is a joint checking acct with myself & my sister.

I thought the bank needed to freeze the acct when they knew my mom had died. They are saying they will not freeze the acct and we can continue to use the acct.

Is this correct? This concerns me as my sister has control of the checkbook.


Asked on 5/14/07, 9:44 am

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Freezing Bank Account ?

Checkbook control is irrelevant if your name is on the account. Probably either of you can take the whole thing out if you want. BUT, why not talk about it through mediation and get it sorted out like adults?

Consult a local lawyer, but chances are, you can take the funds and be fair later,-just recognize that whoever takes the funds is going to look bad in court if a proper accounting is not done. Money is fluid,--and if you spend more than yor share, you'll have to give it back to your sister.

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Answered on 5/17/07, 10:18 pm
David Anderson Anderson Business Law LLC

Re: Freezing Bank Account ?

IS there a WILL? WHo is the executor of her estate (or personal representative?)

ANy account info should be fully shared and disclosed. (Obviously she would be responsible for funds withdrawn unless paid for funeral expenses or your mother's bills).

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Answered on 5/14/07, 1:28 pm


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