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Questions for THT bankers

Old 08-31-2015, 07:58 PM
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Default Questions for THT bankers

I know these sound like a dumb questions, I'll explain after I get a few opinions.

If I walked into your bank and said a family member wants to add my name to their account but they are too ill to come in and do it themselves, can I take the signature cards to them to sign? Could I come back to the bank with the cards signed and have my name added to the account without the original account holder ever seeing or speaking to anyone at the bank?
Old 08-31-2015, 08:23 PM
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I say no. You would need power of attorney.
Old 08-31-2015, 08:48 PM
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power of attorney. I am not a banker but this is your only option.
Old 08-31-2015, 08:56 PM
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Nope. The bank employee should have never acknowledged the other party had an account at the bank.
Old 08-31-2015, 09:43 PM
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Originally Posted by 192Mako View Post
Nope. The bank employee should have never acknowledged the other party had an account at the bank.
I would say THIS ^^^ for starters!

You WILL need a Power of Attorney for the bank to add the name if the account holder is unable to go to the bank. If NOT, how would they know the account holder's signature is legit and not just signed by YOU??? ;?

Have a LAWYER (estate-type) go to the account holder's home and do the PofA including YOUR name - it will ALSO have to be NOTORIZED (and maybe a witness or 2?).

Then, you can take it to the bank, provide proper ID and they should allow the added signature.

I have done this as Executor for 2 estates in the past 3 years and had no problems.

Do it NOW - especially if there is a chance that the mental capacity of the account holder may be going down hill.

Regards,
Old 09-01-2015, 03:59 AM
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I sure hope not. The only way I would do that as a bank manager would be to have it notorized. I would cover my ass by sending my own notory from my office to witness the process.

If this happened to you I believe you could fight it and get your funds back.


Nothing like this would happen in Raleigh (large, capital city). Is this at a po dunk location? Trusting, good ol' boy mentality?
Old 09-01-2015, 04:03 AM
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POA notarized with 2 witnesses.
Old 09-01-2015, 04:41 AM
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Yes, you can, but I would have the family member call.

They will send a signature card, some paperwork. Notary, maybe a witness, if it's legit then it's no big deal.

I do this often, adding employees to accounts at banks I have never been to.
Old 09-01-2015, 05:38 AM
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Family law/estate attorneys deal with this all the time and many will either make a "house call" themselves or send a paralegal and secretary to execute a POA wherever the infirm person is located.

Very common, especially in Florida and other places with large elderly populations.

Last edited by nicecast; 09-01-2015 at 07:06 AM.
Old 09-01-2015, 05:42 AM
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Thanks for the replies, this did actually happen!!

It happened when my grandmother was on hospice, less than 7 days before she passed away. Somehow my aunt convinced the bank to let her bring the signature cards home and have my grandparents sign them, in the process added her name to the accounts. She filled out the cards herself and checked the box that made the money hers after my grandfather died. The day the bank made the changes my grandmother was basically in a coma and never regained consciousness. We never saw the signature cards so we're not even sure who signed them. She kept this from my grandfather for six years. When he questioned her why her name was on the bank statements she said that's how mom set it up.

About a year before my grandfather died he changed his will to leave everything to me and my aunt. I was surprised he did this and questioned my aunt why he did this. She said that he went in with the attorney alone and she had nothing to do with it. A few days later he sat us down and went over his final wishes with us. I asked him why he did this and he gave me some excuses and changed the subject back to what he wanted after he was gone.

When my grandfather passed away my aunt asked me to go with her to the attorney. I thought this was strange but I went with her anyway. When we were at the attorneys office she gave the attorney the bank statements and he said these are yours, they do not belong to the estate. She acted totally surprised and said we'd work it out after the will was accepted with probate and no one contested. For some reason none of the other family members contested the will. After the date passed she told me that the money was hers and there's nothing I could do about it.

I hired an attorney to take the matter to the probate court.. She lied about the bank account changes, she said the changes were made 5-6 months before my grandmothers death. The bank records proved she did this the day my grandmother slipped into a coma. She lied about my grandmothers condition on her final days of consciousness, hospice testified to her actual condition. Then she said she had her sign them the week before but didn't get a chance to go to the bank. I then found out that she did sit in on the meeting to change the will, neither she or my grandfather mentioned the joint accounts. The judge didn't believe a word she said and delivered a decree that I couldn't have written better myself. He wrote that it was fraud on her part not to tell the attorney about the accounts due to a Fiduciary relashionship. He also removed her as the Executrix.

Now she has appealed the decision and we have to do it all over again in Superior Court.

I appreciate the responces to my questions,they were exactly what I expected. I'm just trying to put the pieces together in my head on how she managed to do what she did. My attorney didn't really focus on the fact that the accounts were changed basically with fraud. I'm sure the probate judge put the pieces together to come up with his decision. I'm seeing my attorney today to discuss the appeal, I'll be sharing your responses with him.
Old 09-01-2015, 05:54 AM
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You will need a power of attorney signed and properly notarized if the signor is not present at the bank. If the bank let her do something else they are wrong for the exact reason you're experiencing and they may be liable.

Just an FYI but as your parents age the children should get together and decide which one of them should be assigned the task of monitoring the parents financial decisions. People steal things from old people and someone has to prevent it from happening.
Old 09-01-2015, 06:13 AM
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Why couldn't you set up their account online (by knowing their SSN, account number etc). Them make another account online with someone else as joint with them. Then transfer the money from account one to account two. Never have to go to the bank.
Old 09-01-2015, 06:44 AM
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Originally Posted by mikefloyd View Post
You will need a power of attorney signed and properly notarized if the signor is not present at the bank. If the bank let her do something else they are wrong for the exact reason you're experiencing and they may be liable.

Just an FYI but as your parents age the children should get together and decide which one of them should be assigned the task of monitoring the parents financial decisions. People steal things from old people and someone has to prevent it from happening.
That's what happened, about three to four weeks before my grandmother passed she went to the bank and added my aunt to her checking account. She did this so she could take care of all the bills for her and my grandfather. My grandfather had no clue when it came to paying bills, he never even wrote a check out in his life. He had no clue as far as financial matters went.

The bank that held all of their cash was 100 yards away from the bank that she had her checking account with. If my grandmother wanted to add my aunts name to those accounts she would've done so the same day. The probate judge mentioned that in the decree, there wasn't any reason for her to add my aunts name because they were joint accounts with my grandfather. There was about $30K in the checking account at the time, plenty of money for an 84 yo man to get by with. Along with his social security and a small side business he had enough to get by without really touching the $30K in that account. We did get those signature cards and my grandmother made that account joint and set it up so whatever was left in that account went to my aunt after my grandfather passed. Evidentially that wasn't enough for my aunt.

My lawyer believes that set her wheels into motion. He thinks she waited until my grandparents were at their most vulnerable points of their lives and went for it. My grandmother was on high doses of powerful medicine while on hospice. My grandfather was on meds as well dealing with the fact that his wife of 50 years was going to be gone soon. I gave her the benefit of doubt and didn't believe what he was saying. The day of the trial the bank finally sent us the bank records, when I saw the date that the accounts were changed I new he was right.
Old 09-01-2015, 11:50 AM
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Would never have allowed the signature cards to leave the bank if you want to be added as a signature. As POA you are not an owner of the account but only conduct business on their behalf. Joint account of GFand GM then aunt would have to have POAs from both of them. Bank officer could have made a trip to the home to have GM/GF sign new cards adding aunt's name if GM was too ill to be brought in.
If the bank let cards out of their possession they are at fault.
Old 09-01-2015, 12:21 PM
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Not really related, but it always surprises me how much some family members will try to screw over others when it comes to inheritance... Have seen it on my mom's parents estate, and on both sides for my in-laws... I just have a hard time wrapping my head around being able to treat family, hell or anybody, that way...
Old 09-01-2015, 05:25 PM
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Originally Posted by iwhitevt View Post
Not really related, but it always surprises me how much some family members will try to screw over others when it comes to inheritance... Have seen it on my mom's parents estate, and on both sides for my in-laws... I just have a hard time wrapping my head around being able to treat family, hell or anybody, that way...
Tell me about it, never saw this one coming. The probate court awarded me $218,000 from the bank accounts. The estate was $800,000 including the accounts. I can't imagine anyone causing a family fued divvying up that kind of free money. In the end she was forced to do the right thing and everyone in the family thinks she's a total liar and a thief.
Old 09-01-2015, 05:51 PM
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