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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9266
Experience:  Since 1983
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Can a person put there name on a deceased persons checking

Customer Question

can a person put there name on a deceased persons checking account
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information regarding the situation? What is the size of the decedent's estate? Is the person the beneficiary of the decedent's estate? If so, the only beneficiary? Thanks.

Customer: replied 3 months ago.
27 million and part of 155 million class action suit and he has made himself a beneficiary through the independant administrators act and he didnt actually put his name on the acct he just had checks printed with his name on them and began distributing funds as 10 million to his own lawyer and altering the trust document from one half to one side of the family and the other half to the other side of the family to a fixed number of beneficiaries with fixed amounts mark
Customer: replied 3 months ago.
the bank charles schwab after submitting checks as evidence to probate stated that they were not informed of her death and they honored every check without question with no trust acct and only the decedents name on the acct
Expert:  Richard replied 3 months ago.

Thanks for responding. I don't understand the entire situation well enough to be confident that I can provide a complete and accurate assessment. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  N Cal Attorney replied 3 months ago.

New Expert here.

Did the deceased leave a Will?

Has a probate case been filed?

Customer: replied 3 months ago.
my question was can a person put their name on a deceased persons checks not on the acct just have checks printed with their names and the deceased persons checking acct number and disperse funds !
Customer: replied 3 months ago.
if a bank were to honor these checks would they not be liable for the monies lost?
Expert:  N Cal Attorney replied 3 months ago.

No, what you describe is illegal. Only a court appointed administrator of the estate can take over a deceased person's account. Also, banks can be held liable for honoring forged checks or checks without the signature of the owner of the account.

https://www.manatt.com/uploadedfiles/News_and_Events/Newsletters/Bankin[email protected]/Check_Guide_2008.pdf states at page 1:

1. A.

FORGED MAKER CHECKS General Rule

  • A customer is not liable for a check drawn on his account if he didn’t sign the check or benefit from its proceeds.1

  • As between the maker’s bank and the depositary bank (or any collecting bank), the maker’s bank is usually liable for a forged maker signature.2

    • – Not properly payable. Without the customer’s signature, the check is not considered to be “properly payable.”3 ///

I hope this information is helpful.

Expert:  N Cal Attorney replied 3 months ago.

Do you need any additional information?