How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask lwpat Your Own Question
lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
Type Your Legal Question Here...
lwpat is online now
A new question is answered every 9 seconds

Many weeks after the death of a depositor, a bank paid several

Resolved Question:

Many weeks after the death of a depositor, a bank paid several checks on their account. The checks were obviously forged so the attorney for the estate sued the bank and the bank sued the estate’s attorney. The attorney advised the bank of their death 3 weeks before the bank paid the forged checks; the attorney’s office faxed a copy of the death certificate and a court order to examine the deposit box. Who is truly liable?
Submitted: 8 years ago.
Category: Legal
Expert:  lwpat replied 8 years ago.
The bank is liable. Once they are advised of the death, the account should be frozen. In addition the bank is liable for the forgery so they lose on both counts.
Customer: replied 8 years ago.
will they be fined or will they just have to replace the funds? If more legal action is taken how could they be punished for their carlessness?
Customer: replied 8 years ago.
Hello?? I fully intend to buy I am just looking for a few mor details.
Expert:  lwpat replied 8 years ago.
They will not be fined, they will have to replace the funds. Your attorney can ask the judge to order them to pay your attorney fees.
lwpat and 7 other Legal Specialists are ready to help you