[WSBAPT] Criminal to Wipe out Accounts?

[Paul Neumiller]

Man dies and his leaves everything to girlfriend of many years and she is
the nominated PR.  He owned a house (passing via transfer on death deed)
with mortgage to BECU, savings and checking accounts with BECU of about $6k,
and a credit card debt of $9k to BECU.   I remember learning on this
Listserv that BECU has aggressively offset bank accounts for credit card
debt.  The girlfriend (who has  his login information and passwords) asks if
she can legally zero out the savings and bank accounts before BECU offsets
the accounts for the credit card debt.  She is not listed on the accounts.
She inherits everything anyway but most likely will not probate his Will in
light of the few assets and in light of BECU probably going to offset the
checking and savings accounts anyway.  (Let's not address the moral issue of
if she should zero out the accounts.)  

 

I'm not sure it passes the smell test and it may be bank fraud to use the
decedent's passwords to wipe out the accounts.  On the other hand, while
BECU has the power to probate his Will as a creditor, it seems unlikely that
they would do it for $9k in credit card debt.  Does she has the right to
wipe out the accounts because she inherits everything under the Will?  Does
she have a duty to creditors even if she doesn't probate his Will?

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