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Can I recoup funds drawn on US Bank account in my name paid to US Bank credit card in my husbands name? He died in 2011.

Kirksville, MO |

After all the dust settled from his death I noticed a withdrawal coming out every month for $100. I called my bank 800 # wanting to know who it was, what it was for and what the balance was and was told it looked like a credit card but had no other info! I went into my branch and stood there for over an hour waiting for an answer. Finally was told it was my dead husbands credit card and payments would be stopped. They didn't for serveral months until I sat on the phone for over an hour and now am getting statements asking him for payment. I want reimbursed for all funds since his death. Will a letter and death certificate do? Do I need an attorney?

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Attorney answers 1


1. Be sure you own bank account was not in joint names with him. Typical bank account agreements allow a bank to set off funds in an account against a debt due the same bank.
2. If not in joint names, the Bank definitely owes you the money. Check small claims court jurisdiction in your county. That would be the best remedy.

This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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