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![irenereed's Avatar](/images/avatars/default_avatar.gif) |
New Member
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Aug 25, 2008, 08:21 AM
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Fraud withdrawing deceased money
Is it fraud if a wife withdraws money from her dead husbands personal accoun?
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![ScottGem's Avatar](image.php?s=dba8f54a71f2c6b1622baab186f898c0&u=4613&dateline=1139059467) |
Computer Expert and Renaissance Man
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Aug 25, 2008, 08:22 AM
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Only if she is not a joint owner of the account oir the executor of his estate.
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![Neilcathy67's Avatar](/images/avatars/default_avatar.gif) |
Junior Member
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Oct 9, 2008, 07:42 PM
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Yes, this is a correct answer.
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![jdelk4's Avatar](/images/avatars/default_avatar.gif) |
New Member
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Oct 16, 2008, 02:08 PM
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Just make sure you are not withdrawing any Social Security payments. You will be liable to repay any money you took from the Social Security after your husband's death. And there is no statute of limitations for this.
One of my first bank jobs was to take money from bank accounts on behalf of Social Security. The payments are made one month in advance so the first payment after death and every payment thereafter must be returned. One time I had to take about $25,000 from a little old lady because she had unknowingly been receiving her dead husbands SS payment for 5 years. It wiped her out. Sounds harsh, I know but the government always gets there money.
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![Fr_Chuck's Avatar](image.php?s=dba8f54a71f2c6b1622baab186f898c0&u=24071&dateline=1402162715) |
Expert
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Oct 16, 2008, 03:39 PM
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Well first it is not fraud, unless someone else has claim to the bank account and estate. It may be a violation of some of the estate laws.
In this case we don't know if she was or was not a signer to the account, or if she is over the estate or not.
If it goes to the estate and there are other claims to the money, then she has to explain the use, if she gets the entire estate anyway , there is no real issue
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![Neilcathy67's Avatar](/images/avatars/default_avatar.gif) |
Junior Member
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Oct 17, 2008, 11:46 AM
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In Fl, once someone dies, ALL their property becomes part of their estate. IF the account is not joint, you are not allowed to remove any funds from it. If there is a will and the spouse is the only person to receive anything from the estate, it still has to go through the probate system. He or she will be issued letters of administration which gives them the right to remove any money from a non joint account. If the is no will, the state will administer the estate. I know other states are different, you should always consult an attorney to find out what the laws are in your state.
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