Bank account theft prior to probate.

[Richard 545]

To LdiJ. Your link didn't do much directly. But a link IN your link, "Deceased Member Issues" certainly did. So here is my summary and is what will be pressed.
At the time of my brothers death, 12 Dec 2017, no accounts were in default. All debts were covered by auto pay through the CU to include the debt on the CU credit card. I submitted an illegal PR letter to the CU to freeze all accounts. That letter was dated 20 Dec 2017. At that time all accounts were not in default. On 5 Jan 2018 I turned his vehicle (personal property) into the CU without authorization. They accepted the vehicle and sold it and paid themselves on the auto loan without any accountability for any monies in excess of the note amount. They honored the illegal freeze letter to stop payments to all creditors including themselves, thus putting the credit card balance inito default without legal authority. At this point, there was no indication that the balance would not continue to be paid, except by their own actions because the auto pay was still in effect. Someone @ the CU decided to pay an outstanding bill. On my discovery, they decided to put the money back into the account it was drawn from. Again, I had no legal authority. Perhaps a trial balloon? Once they could establish default, they moved on the set off. If a set off upon death existed, they would not have required the default to take place and could have acted immediately. My plea is that they decided to accept an illegal letter as cover for actions they could not otherwise take, (stop all withdrawls from the account) thereby protecting the amount available to them upon initiating the set off provisions. They also sold the vehicle that was not in default, again using the cover of an illegal freeze letter, to pay themselves off for the auto note. I had no legal authority to sign off in lieu of the registered owner, and they had no legal authority as the legal owner to sell a vehicle that was collateral on a consumer loan that was not in default. It is my contention that they put the credit card account into default illegally by using an illegal freeze letter that they knew was illegal, (but the other creditors did not except by the CU refusing payment based on a letter only the CU knew was illegal) in order to garner maximum return for themselves on the initiation of the set off that they had planned all along. The only way they could get around Sect 169 Reg Z TILA was to create a situation where the account was in default without notification except to be made aware of the default proper notification had to be made to show the penalty charges. Without this, the only provision that takes exception to the absolute right of set off (Credit Cards) would have applied. They put into default based on an illegal letter from me, gave no indication that the note was in default, and when enough time without payment that they controlled based on an illegal letter came to pass, they pulled the trigger on the set off. We'll see what happens.

 

[Zigner]

Ahh, the old "I defrauded you, so now you're the bad guys" trick. Clever, clever...

 

[Richard 545]

There can be no personal representative until a court appoints or accepts the nomination of such. Prior to that there can be a special administrator but that requires a courts action as well.

A bank will freeze an account upon notice of the account holders death. It matters not who informs the bank. It is standard procedure to freeze all accounts upon learning of the death of the account holder.

Until you were appointed PR you had no authority to do anything with your brothers estate.



Because that is the proper action. Anytime anybody that holds a bank account dies, the bank will freeze the asset.
It appears they made a mistake and corrected it.


If it was after you were appointed PR, it would be because as PR you would have control of his account
Did you ask?
No idea. You could ask the bank.

#3 Asked and answered.
I was not and never was the PR. They had a copy of the will with my nomination for PR but no Letter of Testamentary and no authority from the court. I had no legal authority.

 

[Richard 545]

Ahh, the old "I defrauded you, so now you're the bad guys" trick. Clever, clever...

Come on Man, Exactly who did I defraud. I'm thinking what I am doing in Dec 2017 was ok because they SAID it was ok. Snarky, snarky Hot shot. I wonder if LdiJ is going to call you on this publicly. All you genius wannabe's tell me over and over that I have no authority even though I have written over 4000 words explaining that I know this, and when I acknowledge that apparently this CU operated off a situation I thought was on the up and up to protect my brothers estate the best I could at the time, I am a fraud! Now who is being rude? Talk about only wanting to see what you want to see. Had to get in your shot though huh. What are ya, bipolar? Guys like you just wait to see something you can get your kicks off on, ignore EVERYTHING said prior to that point and slink away with an itty bitty boner thinking you're a player. So again, because you aparently don't read or see what you don't want to read or see, see this, "back in the basement junior, the adults have this one under control".
OUT.

 

[Zigner]

You can't have your cake and eat it too is a phrase that comes to mind.

 

[justalayman]

From a random credit unions rules

29. DEATH OF ACCOUNT OWNER-

We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we know of a member's death. Once we know of a member's death, we may pay drafts or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the drafts or other items. We may require anyone claiming a deceased owner's account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner. If the primary owner is deceased, no accrued dividends will be paid on the account from the date of death.

So, since as a brother you would have an interest in the account, your notice and statement to freeze the accounts would be considered valid. I suspect you will find that pretty typical verbiage in a credit unions rules.


Have you read all of the contracts associated with the accounts of your brothers credit union?


So, with the assumption your brother credit union has similar rules, it would appear it was your actions that started all,the problems.

Of course by now you have read all the contracts involved and can make that determination.


I

 

[Zigner]

From a (likely) different random credit union:

RIGHT TO REPAYMENT OF INDEBTEDNESS - You each agree that we may (without
prior notice and when permitted by law) charge against and deduct from this account
any due and payable debt owed to us now or in the future, by any of you having the
right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the
debt arises from a note, “any due and payable debt” includes the total amount of which
we are entitled to demand payment under the terms of the note at the time we charge
the account, including any balance the due date for which we properly accelerate under
the note.


-- and --

DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a
right to withdraw funds from your account(s) dies or becomes legally incompetent. We
may continue to honor your checks, items, and instructions until: (a) we know of your
death or incompetence, and (b) we have had a reasonable opportunity to act on that
knowledge. You agree that we may pay or certify checks drawn on or before the date of
death or legal incompetence for up to ten (10) days after your death or legal
incompetence unless ordered to stop payment by someone claiming an interest in the
account

 

[HRZ]

OP if you are not properly probating the will and getting appointed. you are lacking in legal authority to get things done. And the CU has no duty or right to be discussing specific client issues with an unofficial executor .

Whether the right of set off is frozen at death as to CCs requires digging into the applicable regs for CUs ( which may be different than banking regs ) as well as the actual contract.