Legal Question in Credit and Debt Law in Pennsylvania
My significant other & I had a joint checking & savings account at a credit union. He was the primary party of the account. He also had a Visa credit card through the credit union in his name ONLY. He passed away on 3/26/2016 & he owed $4,346.45 on the Visa account. On June 6, 2016 the balance owed was transferred from our savings account & the debt was paid. I did not owe nor was I responsible for this debt & I did not authorize this transaction. Can they legally transfer money from a deceased person's joint account in order to satisfy a credit card without permission?
1 Answer from Attorneys
If he was still alive at the time of the transfer, I would be inclined to say yes. Banks and credit unions have special rules that allow them to set-off any debts from other accounts. But the rule generally is that any money in any joint bank accounts automatically passes to the surviving joint account holder when one of the co-owners dies. You should have taken his name off the joint account or closed the account. The credit card debt should have been a claim against the man's estate and should have been satisfied from the person's other assets.
Who is the executor of the estate? Has an estate been probated? Who stands to benefit from the estate? Was there a will? Are you a beneficiary of anything? Depending on the answers, you might be able to talk to the executor of the estate. Failing that, you might need to see if you can talk to the bank and explain that as your significant other passed away, the money in the account belonged to you, that you are not liable for the debts and they should refund the money to you and file a claim with the estate. Problem is that if there is no pending estate because there are no probate assets, the credit union might not be willing to give back any money and you might have to
get a lawyer involved. I would check with a probate lawyer who practices in the county/state where your significant other resided at the time of his death if there has been no probate. Otherwise, begin with the executor or attorney for the estate.