Consumer complaint received 2018-10-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
I am Executrix of my sister 's estate. She passed away in XX/XX/XXXX. She had retained an attorney before her passing to handle her affairs. I had been dealing with this attorney on a regular basis but he never forwarded any information regarding her banks accounts despite the numerous requests I had made. In XX/XX/XXXX he forwarded bills that needed paid and some of her banking information. He did no notifications to bill collectors of her death and really did nothing to merit the retainer my late sister had paid him. There did appear to be some type of discrepancies regarding her checking account and the monies that were withdrawn. I contacted BANK of AMERICA to obtain copies of back bank statements so that I could try to determine where the missing money was and adivised them that I believed there was some type of fraud regarding my sister 's checking account. I also contacted the attorney to get an accounting of my sister 's finances. He never responded. 
When I received the requested information from BOA, there were 5 checks which had forged signatures on them. Check # XXXX dated XX/XX/XXXX ( the day my sister died ) in the amount of {$4200.00}, check # XXXX dated XX/XX/XXXX ( the day after my sister died ) in the amount of {$4700.00}, check # XXXX dated XX/XX/XXXX ( my sister was in a coma ) in the amount of {$3500.00}, check # XXXX dated XX/XX/XXXX in the amount of {$1100.00}, and check # XXXX dated XX/XX/XXXX in the amount of {$1100.00}. The checks were made payable to this attorney that my sister had been dealing with and I believe it was either him or someone in his employ that forged my sister 's signature to the checks. I had my sister 's valid signature of papers that she had sent me so I knew the signature on those checks was invalid. I was in constant contact with Bank of America and they continued to give me the " run-around ''. I advised them I wanted to file a fraud claim with their bank so on XX/XX/XXXX they finally agreed to investigate this matter. The claim # they assigned the case was Claim # XXXX. I advised them they were responsible for paying out the money on these forged checks and it should be returned to the estate. They told me it would take 60 to 90 days for them to investigate this case and they would send the resolution to me. I received their response of denial to my claim on XX/XX/XXXX saying they would not reimburse the estate because I filed my fraud claim past their bank policy date of 60 days from the date of the alleged fraud. I contacted Bank of America back and said as executrix, I could not accept this denial of my claim since I did not even have the information in hand 60 days from the date of the fraud and I wanted to resubmit the claim. They advised me I would need to send the copy of the police report that I had filed on XX/XX/XXXX regarding my complaint of fraud and that they would reconsider. I would receive their determination by XX/XX/XXXX. On XX/XX/XXXX I sent BOA a copy of the police report as well as the name of the law enforce-ment officer who took the report. I also advised them that the lawyer who I believe forged these checks had been arrested for embezzling money from other clients and that my fraud claim with BOA was to be included as part of the District Prosecutors ' RICO investigation. I have names and phone numbers for these officials and supplied that information to the bank. I never received a response from BOA so I contacted them on XX/XX/XXXX. The representative advised me that the investigator from the fraud claims unit would return my call. I never received a response. I called again on XX/XX/XXXX and was informed that the investigator was  denying my claim again because it was filed after the 60 day period from the date of the alleged crime. When I asked the bank representative what recourse I had available to me she advised me I could hire an attorney, but that Bank of America would not refund the money paid out in error. 
The lawyer my sister had retained was definitely at fault, but Bank of America was just as much at fault for cashing checks with forged signatures. They do not want to be held responsible for their mistake and reimburse the estate the money they paid out in error.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation