Consumer complaint received 2022-07-14
Company: WELLS FARGO & COMPANY
State: MN
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
On XX/XX/XXXX my mother and myself executed a Minnesota Statutory Short Form of General Power of Attorney in the presence of, and notarized by Wells Fargo Banker XXXX XXXX XXXX. At time, and with both of us present, we requested that all my mother 's accounts be modified to replace my deceased father 's name with my name as co-owner with right of survivorship. We were told the before that could be accomplished my father 's name must be removed from the accounts and that we must provide a certified death certificate before that could be done. On XX/XX/XXXX I was able to obtain a certified copy of the death certificate and hand delivered it to Wells Fargo Banker XXXX XXXX XXXX and an appointment was made to modifiy my mother 's accounts to replace my father 's name with my own. However, when I arrived at the appointment I was told I would only be added as Power of Attorney and not as co-owner with right of suvivorship. This distinction is critical as our family intends to form a family trust with these assets and if my mother passes before this can be accomplished, the estate must be probated and we will be unable to form the trust we intend to establish. I then filed a complaint with the Wells Fargo Enterprise Complaints Management Office. The issue was not resolved as a result of the complaint and Wells Fargo responded that MN statute XXXX was not specific enough to allow Wells Fargo to modify my mother 's accounts as requested unless my mother executed yet another notarized statement to allow modification to co-owner with right of suvivorship. 
On XX/XX/XXXX, and in response to questions regarding my mother 's condition I executed an Affidavit of Attorney-in Fact as Conclusive Proof of Nontermination and Nonrevocation as allowed by Minnesota Statute to absolve Wells Fargo of any liability for my actions as Attorney-in Fact as allowed under Minnesota Statute. Again, my request to modify was denied and on I filed a complaint with the Minnesota Attorney General 's office as Case number XXXX. This time Wells Fargo responded that their legal department had reviewed my documents and f '' aound them acceptable, however, " as an alternative we will request you to obtain and attorney opinion letter that confirms that according to the attorney 's understanding of Minnesota law, the POA document presented does contain relevent authority in order to add the Attorney-in Fact on the accounts as joint owner with rights of survivorship. It is rediculous and unethical for me to hire an attorney to give Wells Fargo legal advise as well as entirely unreasonable for me to have to pay legal fees to accomplish and account modifiation. I have had no problems modifying savings and safety deposit box accounts at another bank. Wells Fargo is not complying with Minnesota Statute and continues to deny me the ability to properly manage my mother 's estate.

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