14 Jun, 2021 → by ClaimboUser752180
Estate service

2

I am filing a formal complaint as Bof A is holding funding unlawfully and I cannot get any resolution, , despite trying now since June 3rd (today is June 14.) Since June 3, I have - visited your bank in person 2x - called/been on hold at least 10 hours. When I finally got a person, I was told I needed to speak to a manager. I left my number and did not get a return call. - written 2 emails with no response - written /chatted via your online text feature. was told to call another manager and given number; left VM and no response. Situation of case: BofA policy states "accounts of deceased over 175k must go through probate". A recent error on the part of your bank warrants an exception be granted on behalf of the deceased policy holder and his family. Justification is as follows: - xxxx passed away January 10, 2021. He passed away with a living trust with his daughter, xxx, designated an executor. His saving account balance at the time was $0.00. - In March 2021, xxx went to the BofA in Dublin, CA and provided a Death Certificate, copy of the trust and all relevant legal documentation and spent extensive time on site (with notary certifying documents) to have herself added to all accounts; they scanned and uploaded all documents including the death certificate. - On June 1, net proceed from sale deceased and spouse's' home was deposited in checking account ending in 0688. On June 3, daughter and executor, who had online access to the checking and savings accounts, transferred the funds to the savings account. - Post transfer, she was told that she no longer has access to the funds as the savings account was only in deceased's name and that funds must now go through probate. Account owner was deceased when the transfer was made. Daughter/executor had no way of knowing that the account was in his name only. She had online access to the savings account, and obviously was the one who transferred the funds. If the account was in his name only, it should have been closed as the bank had a copy of the death certificate (since March) and she was told she was added to all accounts at that time. She would not have transferred the funds in June if she had known this would be the result. These funds are needed for spouse's long term care, and there is a living trust (which was created specifically to avoid probate) for deceased's trust. The family trust attorney has attempted to contact your bank many times, as has daughter/executor, and the local branch. NOTHING HAS BEEN DONE to DATE.
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