Consumer complaint received 2020-02-18
Company: WELLS FARGO & COMPANY
State: AL
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Can't close your account

Complaint:
I am the personal representative for my mother 's estate, who passed away in a XXXX XXXX  about 3 weeks ago. My initial contact with Wells Fargo ( XXXX, AL ) took place on or about XX/XX/XXXX. I presented a General Durable Power of Attorney filed in the State of Alabama XXXX County for my mother naming me as her agent. I understand, typically, a POA is void after the principal 's death. However, the POA my mother had prepared by an attorney, explicitly  stated the following : " this General Durable Power of Attorney, which shall not be affected by my disability, incapacity, incompetency, DEATH nor shall it be affected by any lapse of time ''. It is dated XX/XX/XXXX, which has the signature of my mother and two witnesses. The personal banker ( XXXX  ) at the Wells Fargo location XXXX XXXX XXXX XXXX , XXXX, AL contacted the legal department to approve the document. The first legal point of contact approved the POA. However, XXXX advised the POA required a second approval by a separate legal area. The representative spoke with XXXX XXXX ( spelling may be incorrect ) in the legal area, his direct manager is XXXX XXXX ( spelling may be incorrect ). These individuals refused to honor the POA, which was accepted by a couple of other banks including XXXX, without any issues. I asked for the section in the Consumer Deposit Account Agreement with the language related to the requirements for accepting a General Durable POA or closing an account due to death. However, XXXX nor XXXX were able to provide the justification within Wells Fargo Deposit Account agreement for refusing to honor the POA.

After Wells Fargo 's refusal to honor the General Durable POA, my mother had prepared by an attorney, which included her signature and two witnesses. I obtained a certified copy of my mother 's death certificate from the XXXX County Coroner 's Office. Since, my mother passed away in a fire, the coroner 's office needs more time to determine the actual cause of her death. Therefore, the cause of her death is still being determined and will take up to 8 weeks. Then, I proceeded to obtain Letters of Administration from XXXX County Probate Court, which I am listed as my mother 's personal representative. 

Thereafter, I presented the Certified Death Certificate signed and sealed by the coroner 's office and Letters of Administration to Wells Fargo. Again, Wells Fargo refused to accept these documents without just cause. The reason provided for refusing to accept the duly obtained documents was they required an original death certificate. This is completely ridiculous to require an original death certificate why does Wells Fargo need to know the reason for my mother 's death, which is the only item missing from the Certified Death Certificate. XXXX/Wells Fargo then advised, I had to open an estate account with Wells Fargo. Under the law, Wells Fargo does not have the right to require my mother 's estate account opening at Wells Fargo. I simply wanted a check made payable to my mother 's estate to deposit at XXXX XXXX, where I opened an estate account. 

I have presented the same documents to various businesses including : XXXX, XXXX, XXXX   XXXX, XXXX XXXX XXXX, etc without any issues. I have even opened an estate account at XXXX to execute the handling of my mother 's affairs, accordingly. Please investigate the handling of this matter as it is extremely upsetting, given the tragedy of my mother 's untimely death in a house fire ; and Wells Fargo flat out refusal to accept the legal documents provided on my mother 's behalf.

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