Posted by Carol on 3/01/06

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Hypothetical: Adam and Eve are 60 something, living
together for the last 30 years. Both have children from a
previous marriage. Each maintains individual bank
accounts, nothing is jointly owned. State does not
recognize commonlaw marriage. Adam is the beneficiary of
her moderately sizable life insurance. Eve takes sick and
dies (intestate) on Aug 28, a thursday. On Friday her
social security check is automatically deposited. On
Friday evening, for whatever reason, Adam has his 15 year
old grandson begin withdrawing money from Eve's account
with her ATM card (he has used it in the past with her
permission and knows her password) in the maximum
allowable daily amount after the bank is closed in the
evening. By Tuesday 3K has been withdrawn, the account is
all but empty except for $50.00. by now the bank has been
notified that Eve has died and freezes the account. The
withdrawals are caught on tape. What crime(s) if any by
whom? any circumstances that would excuse or mitigate?

Re: Hypothetical , 3/02/06, by v.

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