[WSBAPT] Bank Behaving Badly - B of A

[Rob Wilson-Hoss]

I am suing BOA for violating a court order, actually an injunction, in a
probate requiring  that they accept a deed and never try to collect against
the grieving widow again. Probably over 100 contempts.  If anyone wants to
help with a declaration about how BOA does not follow court orders, I would
be happy for the help. 

 

Rob 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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Thank you.

 

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Sunday, April 26, 2015 4:01 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Bank Behaving Badly - B of A

 

When the conversation starts with, “Unfortunately

” there isn’t anything
you can do.  I have taken pains to establish a warm and friendly
relationship with the local Bank of America but the local employees just
don’t have any authority to do anything other than take your money.  

 

You are better off to wait the 4 to 6 weeks it seems to take to get things
through B of A than spending the money to fight with them.  “Too big to make
sense”, that’s the real quote.

 

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com

www.doranlegal.com

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James B. Dolan
Sent: Sunday, April 26, 2015 2:47 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Bank Behaving Badly - B of A

 

Colleagues:

 

I recently encountered the following situation in two probate matters.

 

1.     Client is appointed as Administrator of Deceased’s estate.  Deceased
had accounts at two banks (Wells Fargo and Bank of America) and a credit
union (BECU).  On March 31, Administrator went to  all three institutions
with a Certificate of Death, certified Order Appointing, and certified
Letters of Administration.   She attempted to close out the three modest
accounts and marshal the funds in order to place them in an estate account.
Wells Fargo and BECU gave her the money and closed the accounts.  Bank of
America stated they need a “Letter of Instructions” and then need to “send
everything to legal” for review before giving her the funds in Decedent’s
account.  Many telephone calls and visits to the bank later, as of last
Friday, May 24, she still does not have the money and the account is still
open.

 

2.     Client is appointed as PR of his deceased brother’s estate.
Brother’s Will intends for all of his assets to be placed into trust for
benefit of his minor daughter, of which PR is also trustee.  Decedent had
four accounts at financial institutions – two of them are POD to the trust
and two of them (Bank of America and Carpenter’s Trust – pension) are POD
directly to minor child.  For a number of reasons, we petitioned court to
direct the two institutions with accounts POD (Bank of America and
Carpenter’s Trust – pension) directly to minor to instead deliver the funds
to trustee of the minor trust.  We followed all relevant RCWs, including
summons per TEDRA and also specific notice to Bank of America and
Carpenter’s Trust per 11.11.050.  Based on dealing with Bank of America in
scenario number 1 above, I saw this coming so in my order, the Court
specifically directed Bank of America to “immediately and without delay,
deliver all assets in [Decedent’s name and account numbers] to PR / Trustee.
Failure to promptly comply with this order shall be considered contempt of
court.”  PR went to Bank of America, for the second time, with certified
Order Appointing, Letters Testamentary, Certificate of Death, and certified
copy of the order we had just entered, and was told by bank manager that “we
need to send this to legal, we will get back to you.”

 

It appears that B of A has a new policy, that no other banks or credit
unions have to my knowledge, that being appointed PR and appearing at the
bank with all of the necessary documents is not, in their view, sufficient,
so they need to “send it to legal.”  My jaded view is that the bank, by
delaying the withdrawal of money from the accounts previously owned by
Decedents, gets to continue to use the money to collect interest – although
each account in and of itself is probably not worth very much, when you
think of the thousands of accounts from thousands of Decedents that are
being treated this way, those pennies add up (see the movie Office Space).

 

At any rate, the client in scenario number 1 above has waited three weeks,
the bank manager in scenario number 2 above is simply blowing off a court
order (no doubt because she is simply following the bank directive).

 

Before I gulp down a large Starbucks and begin drafting Motion and Order to
Show Cause for Contempt (does that even make sense?) and get an Order
Shortening Time and have both managers personally served, I thought I might
check in with my more experienced, and perhaps more rational, and certainly
more mature, colleagues.  Is this finally a chance to strike back at the
empire or am I tilting at windmills?  Any other ideas?

 

Jim Dolan

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com

www.jonesbutlerdolan.com

 

Mount Vernon

 

P.O. Box 2784

720 South Main Street

Suite 233

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

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