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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.
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.
New Expert here.
Did the deceased leave a Will?
Has a probate case been filed?
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/[email protected]/Check_Guide_2008.pdf states at page 1:
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.
Do you need any additional information?