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Report: #1352310

Complaint Review: Wells Fargo - Texas

  • Submitted:
  • Updated:
  • Reported By: anonymous — Denton Texas United States of America
  • Author Not Confirmed What's this?
  • Why?
  • Wells Fargo Texas USA

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My mother died 2nd week of December 2016. She passed away in a nursing facility. She left no will and her only asset was a small bank account at Wells Fargo in Denton Texas. I was advised by WF to visit the branch, where Mom and I both have/had accounts for 10 years, and bring original death certificate. I complied. I also brought additional identifying paperwork: her bank Statements, her WF check book, her WF issued ATM card, her WF issued credit card (0 balance), and my personal identification information. A copy of her death certificate was made. Without even looking at my information, I was advised since there was no will, no POD, WF legal dept would investigate. I heard back yesterday. The person I spoke with, a normal bank employee advised I cannot close her account. I would need to obtain a lawyer or begin probate. They were aware there was no will. I again stated per Texas statute her estate qualifies for a small estate sworn affidavit along with death certificate. Needless to say they refused said information. I also added I contacted Social Security as mom had direct deposit. SS would like their last deposit back, rightly so, and only I can retrieve said deposit. Information sent to SS reflects myself as next of kin. Now if a government agency recognizes this, why can't WF?

This report was posted on Ripoff Report on 01/27/2017 08:42 AM and is a permanent record located here: https://www.ripoffreport.com/reports/wells-fargo/texas/wells-fargo-refusal-to-let-me-close-deceased-mothers-small-account-denton-texas-1352310. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
3Author
3Consumer
0Employee/Owner

#6 Author of original report

thank you

AUTHOR: - ()

POSTED: Sunday, January 29, 2017

 I appreciate your comments, really. As I was looking through other written complaints, I could not help but notice another 'Robert' giving their advice and pointing out complaint author's mistakes and 'Robert's opinions on how issues should be resolved. As you pointed out I failed to answer a question with a simple yes or no. You added I am free to assume you are or are not an attorney. Either you are an attorney, work for a financial institution, or someone who may have too much time on their hands, you stated I am free to think what I may. To sum up, the matter is being handled. So please feel free to offer your assistance to another consumer. Have a marvelous day. Jennie Texas

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#5 Consumer Comment

It really was a simple question

AUTHOR: Robert - (USA)

POSTED: Saturday, January 28, 2017

Did you provide WF with an affidavit signed by a judge as per the Texas Regulations?

If yes, then you have a valid complaint as they should have honored it.
If no, then contrary to what you are trying to portray here you have not followed the process.

If you don't want to answer that question, it really is up to you and it really doesn't matter.  Because YOU know what the anwer is.  If you somehow think I am an attorney or a WF employee, that again is your choice to think that. 

But as for being too "personal". but remember you are the one who posted on a PUBLIC web site, and as such the public may post comments and questions.  So no I am not an attorney or a WF employee.  But something to think about if I was an attorney what you are getting is free.  If I was a WF employee would have told you what you need to do or to contact an attorney?  It is not like I was asking for your name, address, or any information that could even come close to personally identifying you. 

In closing I will say that dealing with estates is a very tough time, as I have had experience with this.  Even though you say that there aren't any heirs, or that there is not a will, or that you even have the right to be the excecutor of the estate(the Next of Kin may not always have this right)  WF doesn't know this to be the fact.  That is what this process is for, for the courts to basically say..yes this person has that right.

So if you are writing a "complaint" or dealing with "Consumer Advocates" before you have actually done the process.  Is not only a bit premature, but it could even delay it.

Good Luck

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#4 Author of original report

thank you

AUTHOR: - ()

POSTED: Friday, January 27, 2017

 Sir, With all due respect you asked some questions and offered advice. I responded. You are now delving into an area which quite frankly is not your business. I do appreciate your initial comments. You almost sound like an employee of WF or an attorney. And to satisfy curiousity, I am aware I am not the only customer who were forced to go through consumer advocates regarding this very issue. So again I thank you for you input but it is no longer warranted.

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#3 Consumer Comment

Follow-Up question

AUTHOR: Robert - (USA)

POSTED: Friday, January 27, 2017

Just as an observation, in your intial post you only indicated you COULD do a Small Estate Affidavit.  In your description of what you provided them you didn't mention you actually gave it to them.

So just as a Follow-Up you are saying you have the Small Estate Affidavit signed by a judge and you presented that to Wells Fargo?

If that is the case, then please confirm what is the reason WF is telling you that you can't close the account? 

I somehow think there is still a piece missing, but if everything is as you say you may need to get an attorney involved.  At least to possibly just write a letter to them stating that what you have is all that is needed.

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#2 Author of original report

done and not true

AUTHOR: - ()

POSTED: Friday, January 27, 2017

 Please read statute in Texas regarding small estates. I did. And yes I followed it. It has been more than 30 days since her death. Second, both in person and via telephone conversation, SS cannot remove direct deposit. Thank you. Jennie Denton, Texas

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#1 Consumer Comment

Question...

AUTHOR: Robert - (USA)

POSTED: Friday, January 27, 2017

Have you actually filed the Small Estate Affidavit? 

Since you can't even file it for 30 days until after death, and it is a bit of a process that you mentioned nothing about.  I would figure it is safe to say that you have not done this yet.  So until you do that Wells Fargo is correct in NOT allowing you to close out the account.  Now, if you have done all of this and they are not allowing you to, then you have a valid complaint.

The link below is a pretty good description of the entire process

https://smallestates.uslegal.com/affidavits-and-summary-administration-laws/texas-small-estates-law/

In short

- You can't start the process for at least 30 days after death

- You must file it with the Clerk of the Court with Jurisdiction

- You must list all accounts, and liabilities in the document

-  You must provide proof of your authority to be able to execute the affidavit.

Once you have the affidavit filed, a judge then has to review and approve it.   From what I have seen this is not an instant process.  From filing until the judge approves and signs it can take a few weeks.  So even if you filed it today, it may not be until the middle of February before you get it signed.

As for Social Security, they should be able to "pull back" their deposit if the money is still in the account without any action on your part.

Good Luck...

 

 

 

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