[WSBAPT] Merrill Lynch wanting death certificate of first nominated POA

[Joshua McKarcher]

This is classic Merrill Lynch at this point. I’m so sorry.

They, like lots of life insurance companies, have the ability to confirm death from public records or even newspaper obituaries.

They are not entitled to a non-publicly available document that the second agent may not have access to or rights to obtain.

I would ask them to show their legal entitlement to that document or anything more than the certification required and their legal exposure for damages incurred from their noncompliance at this point. And rapidly.

Good luck. Again, I’m so sorry.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, October 6, 2023 10:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Merrill Lynch wanting death certificate of first nominated POA

Yes - they asked for that, and it was completed....and now they want the death certificate of the primary.  I always try to be on the side of angels first and work with these terrible companies because of the real life people who are impacted by their fear of litigation.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /


On Fri, Oct 6, 2023 at 10:32 AM Heather de Vrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>> wrote:

I do not have a contact there, but have you tried submitting a certification of the POA as contemplated under 11.125.430?

I would start there.

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D9F83E.BC3FD120]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Friday, October 6, 2023 9:55 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Merrill Lynch wanting death certificate of first nominated POA

List Members -

I have a client who has become incapacitated due to medical reasons. Her first nominated agent in fact has passed away. The second nominated is trying to work with the people at Merrill Lynch. They are refusing to accept her as the successor POA without a death certificate of the first despite the language stating that the second may serve if the first is unable, unwilling, or unavailable to serve.

Does anyone have a contact within ML that they are willing to share to help smooth the way. My client is about to be discharged from rehab center and needs to be able to pay for care....sadly her POA doesn't have the ability to float any money until she can get access to the Principal's funds.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20231006/ab23d687/attachment.html>