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auto draft on checking account after death

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North Carolina: Mother died 3-28-01 had a bank loan that was auto drafted from checking account. Went to bank to stop auto draft 2 days after mother's death, told me were unable to do so until they received a copy of the death certificate. Did not receive death certificate until 4-30-01. Account was drafted for loan payment on 4-23-01. I am requesting that the bank refund the payment to her estate but they are refusing. I feel that they should refund money to estate and make a claim against her estate just like all her other creditors, they have no more right that any of her other creditors to receive payment until all claims are made. Am I right?



MAY 8, 2001


They should not refund the loan payment to the estate--that payment was part of an outstanding debt, the balance of which is still due. The unpaid balance of the loan is still a debt obligation that the estate must still take care of in the estate proceedings, if there is enough money left in the estate to take care of it.


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