[SPAM] RE: [WSBAPT] Weekly Bank Being a "Butt" Story
Beth McDaniel
beth at bethmcdaniel.com
Fri Sep 19 11:30:04 PDT 2014
Glad you have had a good experience with Sterling/Umpqua. Anecdotal, but
I had a client who was frustrated by them in that she went there to access
the IP’s accounts following her appointment and was asked whether she had
the permission of the IP and why the IP wasn’t there with her.
Beth A. McDaniel
Law Offices of Beth A. McDaniel, PLLC
272 Hardie Avenue SW
Renton, WA 98057
(425) 251-8880
fax:(425) 336-2505
<http://www.bethmcdaniel.com> www.bethmcdaniel.com
<mailto:beth at bethmcdaniel.com> beth at bethmcdaniel.com
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Elena Garella
Sent: Friday, September 19, 2014 11:23 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Weekly Bank Being a "Butt" Story
Sterling, now Umpqua, has been super easy to deal with for me so far.
On Fri, Sep 19, 2014 at 11:07 AM, Dan Clawson <clawsonlaw at seanet.com>
wrote:
I have had good experiences so far at Wells Fargo with guardianship
accounts. I really discourage guardians from opening accounts at BECU
from extreme difficulties such as described below. .
Dan
Clawson Law Office, PS
108 Logan Ave. South, Suite A
Renton, WA 98057-2019
(425) 277-1299 <tel:%28425%29%20277-1299>
(425) 274-7337 <tel:%28425%29%20274-7337> (Fax)
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Original message
From: Tara
To: wsbapt at lists.wsbarppt.com
Received: 9/19/2014 10:11:12 AM
Subject: RE: [WSBAPT] Weekly Bank Being a "Butt" Story
I have this problem with BECU and blocked guardianship account this past
summer. I had a very specific order that stated “BECU is authorized and
hereby directed to disburse a check in the amount of $1234.56 from the
blocked guardianship account, No. xxxxx-7890, held by ABC CLIENT as
Guardian for CDE, a minor, along with any bank fees for issuing such
checks, to FGH PAYEE at 123 Main Street.”
I hand delivered a certified copy to the BECU branch manager at the main
financial center where the account was opened. I got the same need copy
of my driver’s license and have to send to our compliance department for
review run around. Every live person at the branch said they had no
authority to approve this type of transaction and required approval from
their compliance department.
I asked for a main point of contact for follow up and was only given
general “Compliance Dept” and told it should only take 3-5 business days.
I called a week later for follow up. They said it was being reviewed, but
refused to tell me who was reviewing it or for what.
I called back two days later and got it out of someone that the assigned
compliance officer had gone on vacation, but would be back tomorrow and
they were sorry for an inconvenience. Even then, it still took several
more days to actually get the check cut. Oh and they didn’t need anything
else and the order was just fine as is. Gee thanks.
Tara M. Roberts
Puget Sound Law
roberts at pugetsoundlaw.com
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Thursday, September 18, 2014 1:34 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Weekly Bank Being a "Butt" Story
John --- Why is it that probably over 95% of the problems that come to me
about banks & probate (I get lots of phonecalls re "the bank won't accept
my Small Estate Affidavit & says it needs Letters") concern B of A. BECU
comes in in a very distant 2nd position.
In any event, what I do in your situation is to present to the Court a
proposed Order that reads in terms of:
ORDER: Bank of America shall terminate Acct. # [X] in the name of
Decedent's estate & shall disburse its balance by promptly mailing a check
in that amount to: [name & address of PR].
That way, when they don't, I have grounds for a contempt citation.
As it happens, on my to-do list is to prepare such a contempt motion &
citation for B of A's taking no action on releasing a Decedent's IRA
account (payable to the estate) in the tens of $thousands. So far,
they've just blown me off. I'll ask the Court among other things to award
fees. B of A apparently just can't be bothered. And, yes, I always mail
a certified copy of the Order to the bank by certified mail, return
receipt. Hey, $6 for a cert copy & another $6 for cert mail --- $12 =heap
insurance.
On 9/18/2014 1:13 PM, sullaw at comcast.net wrote:
Listmates:
Here is my story of the week regarding a bank being a "butt."
Getting ready to close an intestate estate. Administrator was granted NIP
and a low bond amount on condition the bulk of the liquid funds are held
in a blocked account. Almost a year ago we set that up with BofA.
Monday was the hearing on the Administrator's Final Report and Petition
for Decree of Distribution. There was no opposition and an Order was
entered. Regarding the blocked account, the Order provided:
"The Estate’s blocked account #********9387 at the 4th & Madison (Seattle)
Branch of Bank of America is hereby unblocked and the Administrator is
hereby authorized to pay all expenses of administration to conclusion
before making a final distribution of the residue to Decedent’s heirs in
the proportions set forth in Schedule C of the Final Report."
I dropped a certified copy (seemed overkill but I complied with the bank's
request) off at the branch and provided a copy of my Driver's License
(again - why?). I was told they had to fax it to legal in Delaware and
should hear in a half hour. Next morning, however, the bank calls my
paralegal. They're asking whether I am to be added as a signatory to the
account (which is going to be immediately closed according to bank policy
and the certified check for the proceeds deposited to the estate's
unblocked checking account). What did I do to create that confusion?
They also said they needed a copy of the Administrator's Driver's License.
Why? They were given it when the blocked account was established.
That was Tuesday. Wednesday legal requested copies of the three exhibits
to the Final Report (Inventory, Charge & Discharge Statement and Schedule
of Distribution percentages for 32 heirs at various levels since there
were numerous predeceased heirs). The exhibits were NOT exhibits to the
Order. Why is the Final Report any of the bank's business and why does it
think it is entitled to demand it to comply with the simple Order to them
to unblock the account? Nevertheless, we sent the exhibits, since the
first rule of law I learned in school was "the bank always wins."
Now it's Thursday. The account is still blocked and legal is still sitting
on their thumbs.
Has anyone else had this kind of problem with either BofA or another bank?
How have you approached it? Is the bank in contempt of the Order?
My problem is that the Administrator and beneficiaries have certain
expectations that things will move within a reasonable time after the
hearing on Monday.
WWW.DLJSLAW.COM <http://www.dljslaw.com/>
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--
Elena Luisa Garella
Law Offices
K.R. Trigger Building, Suite 208
3201 First Avenue South
Seattle, WA 98134
phone: (206) 675-0675
fax: (206) 922 5679
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