Consumer complaint received 2023-04-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Please note there is a Checking and a Savings account that have been restricted access. 
Case numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( opened XXXX approx. ) XXXX ( opened XX/XX/XXXX - escalated case ) Timeline Summary ( Sorry for the dissertation but want to provide as much information as possible ) XXXX Dad initiated a XXXX transaction to me to reimburse for flights and XXXX expenses. He initiated the transaction via Capital One site logged in under his credentials. A history of reimbursements to me can be seen within his Bill Pay history. XXXX was used this time since he knew I would not be home for some time and would be unable to deposit a check. My debit card had expired while I was in XXXX  XXXX for dad which caused the XXXX transfer to fail. We shifted to send the reimbursement to my husbands XXXX account instead. This becomes relevant on XX/XX/XXXX. 
XXXX I went to the C.O. location in XXXX and inquired if there was a way to request a signature card to get notarized so that XXXX could add me to his account as a joint account holder. I was advised that he could complete the addition electronically via the Capital One website. XXXX logged in to his account and added me as a secondary/joint account holder. 
XX/XX/XXXX XXXX passed away. 
XX/XX/XXXX Capital One reached out to dad via his cell. XXXX answered his phone and advised them that dad had passed. I called Capital One the same day. At that time the accounts had already been restricted and I was advised that the Estate Operations team would reach out to provide instruction on how to release the restriction. 
XX/XX/XXXX Capital One Estate Operations reached out via email to request the Death Certificate in order to remove Dads name from the account. 
XX/XX/XXXX I called Capital One and spoke with XXXX who spoke with her supervisor XXXX. Both are in the Customer Protection dept. I was advised that the account restrictions could be lifted if I could reply to the Estate Operations email with a copy of the Last Will and Testament and Power of Attorney. I sent the documents same day also noting that I would provide the Death Certificate when it became available. 
XX/XX/XXXX - I called Capital One to follow up on the email sent the day prior. I spoke with XXXX who tried to help but Estate Operations closed for the day before we could find resolution. I was advised wait. 
XX/XX/XXXX I called Capital One to follow up once more and spoke with XXXX, XXXX and XXXX. Estate Operations emailed while we were on the phone but again closed for the day so I was unable to speak with them. 
I received a follow up email from Capital One Estate Operations advising that they were unable to accept the documents and that they were not responsible for placing the account restrictions. They also put in writing that Court approved documentation would only be necessary if the accounts were not jointly titled. Since the accounts name you as the surviving joint owner you should have full access to the accounts. He then advised me to reach out to Customer Protection who was responsible for placing the hold. 
XXXX I called Capital One to gain clarification of what could be done to clear the hold since Estate Operation advised that they were not responsible for placing the restriction. I was escalated to XXXX and XXXX after I spent several hours on the phone and requested to have someone from both the Estate Operations dept and the Customer Protection dept. Both advised that the restrictions could be lifted with a Death Certificate. 
XX/XX/XXXX I physically went into a Capital One branch in XXXX with Death Certificate in hand. An employee, XXXX I think, tried to see if she could lift the restriction and spoke with someone in Customer Protection. She passed on that she was advised that I would need to send the Death Certificate to Customer Protection at XXXX and then the restrictions could be lifted. I emailed both the Estate Operations and Customer Protection copies of the death certificate. 
XX/XX/XXXX I noticed that I had a typo in my email to Customer Protection. I sent another email this time including both Estate Operations and Customer Protection so that they there would be no doubt that the death certificate was sent. I also advised that my intent was to keep dads name on the account until I had settled his debts. However, if Capital One was intent on forcing that action, then remove his name. 
XX/XX/XXXX Estate Operations replied back to my email stating that now they would need Letters of Testamentary or Letters of Administration. I called C.O. Customer Protection and spoke with XXXX. I asked why these documents would be needed since the prior instructions from C.O. was that a Death Certificate was sufficient to clear the restrictions from both departments. During this call she also confirmed that prior to adding me as joint holder she was able to see that I was the POD. She stated that she made notes in the account and to call back in the morning to speak with Estate Operations and the restriction could be lifted. 
XX/XX/XXXX I called C.O. as instructed. I was on the phone with them for 4 hours and 51 minutes. During this call the validity of the XXXX transaction was shared with me. I shared that the transaction was reimbursement for his care, that XXXX had initiated the transaction and also that I had Power of Attorney at the time of the transaction. If there was concern that I initiated the transaction I would have been operating within the legal power given to me to do so. My C.O. credit card was used to make purchases and the flight and XXXX  transactions could easily be confirmed. I was also asked if I could provide proof that XXXX was of sound mind during the time of the XXXX transaction and when I was added as joint owner. I sent them a copy of the notarized trust amendment dated XXXX. 
The attempt to lift restrictions was again rejected and I was bounced to two more individuals and told that Estate Operations was responsible for placing the restrictions. They refused to let me speak to anyone in that department and advised that I would have to email them to find out why probate documents would be needed. I sent Estate Operations an email as directed and asked them to provide a clear reason why need probate documents to release the restrictions. As of XX/XX/XXXX I have still not gotten a response. 
XX/XX/XXXX I called C.O. to follow up on the XX/XX/XXXX email which still had no response. I was escalated to XXXX who was able to reach out to the Customer Protection rep who was responsible for reviewing my case and releasing the restriction on the account. She advised me to call back in the afternoon to check the status. During this call I also advised all representatives that I spoke with that my next course of action would be to file a report with the Consumer Financial Protection Bureau if they were not able to resolve the issue immediately. 
I called back and was escalated to XXXX who notified me that the restrictions had been removed from the Customer Protection side as of XXXX that day and the case had been handed over to Estate Operations. Once Estate Operations was able to remove my fathers name, I would have access to the funds. He assured me that I would have access to the fund by Monday or Tuesday but by the end of the week at the latest. I requested the case be escalated and was advised by XXXX that the case was already escalated. 
XX/XX/XXXX I called C.O. since I still did not have access to the funds as promised. I spoke with XXXX who reviewed the case notes and found that the release was not actually processed by Customer Protection on XX/XX/XXXX as stated by XXXX, but was cleared on XX/XX/XXXX. Since Estate Operations was just getting to the case I would have to wait for them to process the removal of my fathers name before I would have access to the funds in the joint account. I was also advised that the case had not been escalated as previously advised by XXXX on XX/XX/XXXX. She escalated the case and provided me with a new case number. She also advised that she was not able to provide a time frame of when the Estate Operations would be able to review the case and release the funds. It could potentially take up to 15 more business days ( 3 weeks ). I advised that since C.O. has already held my funds for six ( 6 ) weeks and was unable to provide a reasonable time frame to process the removal of my fathers name I would be filing this complaint.

Company response to consumer: Closed with explanation