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

[Philip N. Jones]

          I have not followed this entire thread, so perhaps I am missing something, but I always prepare separate POAs for each of the successor agents in case agents with higher priority have died. Each POA is totally silent about the other POAs and whether an agent with higher priority is dead or alive.  That way, the bank teller has no reason to ask about the death of the others.
I put the order of priority in a separate letter to the agents.  The bank never sees the letter.
This does raise the risk that one of the agents will try to steal all of the money while the other agents are still alive.  But if you don’t trust the agents, you need to find different agents.
The important thing is to not give the bank anything to ask about.  Ever.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Friday, October 6, 2023 1:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Merrill Lynch wanting death certificate of first nominated POA

I discuss this with my broker at Merrill Lynch, and she said that in the past several brokerage houses, including Merrill have taken losses by honoring the requests of  secondary holders of the power of attorney without requesting proof of death by way of a death certificate when when it turned out that the number one holder of the power of attorney was in fact alive. Therefore the directive came out requiring a death certificate. She did say, however, that, under certain circumstances, Merrill may accept secondary evidence of death, such as a death, notice or obituary in the newspaper.
Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**


On Oct 6, 2023, at 12:35 PM, Joshua McKarcher <josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>> wrote:

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<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 10:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

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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
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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

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