[WSBAPT] USAA won't provide statements or acct information to Administrator

Tue Mar 22 06:36:45 PDT 2022

With the caveat that I have neither done this nor researched it, I was present in the Island County Law and Motion calendar yesterday and an attorney motioned the court for a show cause hearing for an opened probate against a local bank because the local bank refused to talk to him regarding a decedent's account when the attorney was the PR.  The court set the show cause hearing for two weeks.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jayne Gilbert
Sent: Monday, March 21, 2022 7:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] USAA won't provide statements or acct information to Administrator

What has worked for me in WA, CA, and Canada is to send a certified
demand to the Bank's registered agent and advise that attorney fees
and costs will be assessed, especially if a trip to court should prove necessary.
So far, so good. Interested in any other methods that have worked.

On Mon, Mar 21, 2022 at 5:45 PM Laurel Brown <laurel.brown8385 at gmail.com<mailto:laurel.brown8385 at gmail.com>> wrote:
As I recall, this issue comes up from time to time, both with respect to institutional non-compliance with DPOA and Personal Representative authority.

I have had this issue come up in the past.  The first time, I was instructed by the GREAT Professor James Brown to write the institution, address RCW 11.125.200, then follow with RCW 11.125.200 (1) (b):

Please note that pursuant to RCW 11.125.200 (1) (b), you have five (5) business days from the date you receive this certification to accept the power of attorney.  Your failure to accept the power of attorney appointment within that time will subject Bank of America to court action to compel acceptance and reasonable attorney's fees.

In my small world, this has worked every time.  With B of A, I hand delivered the letter to the branch manager in question.  Within four hours, she called my client to come in to obtain full access to the account in question.

Best,

Laurel

PS - Another thank you to the Great Professor James Brown!

On Mon, Mar 21, 2022 at 4:46 PM Laura Latta <laura at lauralatta.com<mailto:laura at lauralatta.com>> wrote:
I am dealing with a similar issue with another institution. Would love to hear how others have handled this situation.

On Fri, Mar 18, 2022 at 10:52 AM Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:
I have an estate in which USAA continues to refuse to respond to subpoena duces tecum and letters to get statements although USAA acknowledges the decedent had an account with them.
What have others done to get these statements when the bank refuses to provide to Administrator?  It appears the decedent had online banking and no statements are being mailed to his former address.  Administrator forwarded mail to her own address and has received no statements from USAA.  It refuses to close account and pay monies to new Estate account.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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