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#2249464 - 02/19/21 06:13 PM POD Account- Beneficiary Disputes Unauthorized Tr
Natasha T Offline
Junior Member
Joined: Nov 2012
Posts: 33
California
Hello,
Beneficiary(ex-wife of the account holder) came to claim the funds in the account after her ex passing. Several weeks later we received a complaint through DFPI about her stating that a withdrawal for $1,100 that was done on the day of her ex passing (03/24/2020) was unauthorized. It was a withdrawal initiated by her sister-in-law for the cremation of her ex. We, as a financial institution did not receive a copy of the death certificate until 04/17/2020. We did receive verbal notification that he passed on 03/27/2020.
We are not clear whether we are liable for the $1,100 ACH originated withdrawal since we did not know that the account holder was deceased at that time. Also, when does the beneficiary becomes the owner of the funds- the moment the account holder passes or the moment they present us with a death certificate?
Any feedback is greatly appreciated.

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#2249469 - 02/19/21 06:58 PM Re: POD Account- Beneficiary Disputes Unauthorized Tr Natasha T
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
This is a State law issue, but typically the funds passed at the time of death.

Whether the account holder was alive or not, why would the sister-in-law be allowed access to the account even if the accountholder was still alive?
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2249557 - 02/22/21 11:55 PM Re: POD Account- Beneficiary Disputes Unauthorized Tr rlcarey
Natasha T Offline
Junior Member
Joined: Nov 2012
Posts: 33
California
Thank you!
It was an originated ACH transfer via online banking. Bank had no knowledge that it was not done by our member. Member's credentials were used.

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#2249559 - 02/23/21 01:38 PM Re: POD Account- Beneficiary Disputes Unauthorized Tr Natasha T
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
Then I think you are left with the fact that his credentials were stolen unless she was an authorized user on the account.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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