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Answered 2011-09-12 14:41:45

I must add...Health Care debt was to be covered by Living Trust arrangement and was in litigation at time of other owner's death. Right of Survivorship was not altered prior to owner's death.

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Can a creditor take money from deceased bank account without written permission from executor?

It is possible for it to happen. They would have to have a court order to do so.

If your husband was his deceased father's bank account nominee how do you recover the account funds?

If the named person is not a joint account holder with rights of survivorship the bank account monies will become the property of the probate court and be distributed according to succession law of the state where account holder resided at the time of his or her death.

Are you responsible for your deceased father debt if you share a bank account?

A joint bank account or more likely a portion of such might become part of the deceased estate depending upon how the account is held. Most accounts held jointly by family members are done so under the law of rights of survivorship and therefore revert to the living account holder(s) upon the death of the another. In any case, just being a joint account holder does not make the person responsible for the repayment of debt incurred by the deceased.

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It usually depends whether or not it is a joint account with right of survivorship. A joint account which requires the signature of only one of the account holders is usually one with right of survivorship. One where both are required to sign does not usually have right of survivorship. Generally speaking, if it is an account with right of survivorship, things simply continue on as they did before the death of one of the account holders. Without right of survivorship, the account is usually frozen until after probate. But much depends on the actual wording of the account agreement and the practices of the financial institution. There are no clear and definitive specific answers to your general question.

How do you determine right of survivorship?

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Is the family allotted money from a deceased account?

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How does a creditor know where your bank is?

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Does the right of survivorship on a bank account override the personal representative's authority of a deceased person's will if the deceased person was jointly named on the bank account?

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Can a creditor take money from your checking account?

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Can creditor freeze your new checking account after a automatic stay from court?

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Would a credit card company reissue a card to a surviving spouse with a low income?

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In Alabama is a surviving spouse responsible for the credit card debt of their deceased spouse?

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Do you need to include account numbers for both the collection agency and the original creditor on your bankruptcy form?

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Can a creditor levy your bank account and how?

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Sundry Creditor is a type of account?

personal a/c