Legal Question in Banking Law in Utah

Did I commit fraud?

My husband died 3/31/06. He had three bank accounts - a joint checking account with me, a savings account his payroll check went directly into by direct deposit, and a checking account in his name only. He could access all three accounts with his ATM card.

More on the savings account. It was an account he had held for several years and his mother was the secondary owner of the account. The account read A (my husband) OR B (his mother).

I became responsible for paying the bills the last two months of my husband's life and had the pin number to move money as needed into the checking accounts to cover bills. After my husband died, I opened my own checking and savings account. Over the course of the next couple of weeks I moved all the money from his saving account into our joint account, then into my savings account and began to pay all the bills from my new checking account.

Today my sister-in-law called to tell me to be expecting a letter from Wells Fargo Bank because they are going to charge me with fraud. Did I commit fraud?


Asked on 7/06/06, 9:53 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Did I commit fraud?

Fraud may not be the right characterization, but you may not have been authorized to perform the transfers.

WHo is the Personal Representative of the deceased?

Was there a Power of Attorney or a WIll?

Call or e-mail for further help.

Read more
Answered on 7/06/06, 10:37 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Did I commit fraud?

You may have. Since you were apparently not a signator on the account, on your husband's death the account may have belonged to either your husband's estate and/or to his mother (or her estate) - because you were not a signatory on the account. However, there may be a cure. You should be able to open probate on your husband's estate, get appointed his personal representative and then make a complete accounting to the court. You may call for a free consultation, because your specific facts will dictate the exact response.

Read more
Answered on 7/07/06, 10:52 am


Related Questions & Answers

More Banking Law questions and answers in Utah