Consumer complaint received 2016-08-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Bank account or service
Sub-product: (CD) Certificate of deposit
Issue: Account opening, closing, or management

Complaint:
I was adviaed via email that my deceased mother 's account had been dormant for too long. So I contacted Capital One and advised them that my mother was deceased and that I had been the personal representative of her estate. However I had administered her estate and all if her assets had been distributed before I became aware that this banking account existed. By the time i became aware of the Capital One account, the estate had been discharged. I was advised to provide them a court order reflecting that I was in fact the personal representative, a copy of her death certificate and a direction to pay letter advising how I wanted the funds distributed. I provided all three. I specificlly requested that they issue the check to me as there was no longer an estate. At no time would Capital One disclose either the account number or the amount of funds contained within it. A week later I recieved a call advising my request was denied because they would not issue the check to me without a " Small Estate Affidavit '' and another direction to pay letter. At that time I advised them that Florida, the state of my mother 's residence and closed estate, did not recognize a Small Estate Affidavit. I was told the check would not be released to me without one, so I prepared a notarized " Small Estate Form '' and a new Direction to Pay letter requesting the funds be sent to me as the personal representative and heir of my mother 's estate. On XX/XX/2016, I received a call from Capital One advising they did not need any further documents and they would be releasing the funds in a check made out to the estate of my mother. When I called Capital One to straighten this out, I was transferred to a XXXX who told me that that was all Capital One could/would do. When I asked XXXX why I had been made to submit the extra documents, he told me that the Small Estate Affidavit was not recognized in Florida. I told him that i had pointed this out to his predecessor during my previous conversation but they had insisted I provide one. XXXX then placed me on hold to speak with someone and came back to tell me there was nothing Capital One could/would do. When i asked to be transfered to his supervisor he advised me he was the highest telephonic individual I could speak with. When I asked for his last name or some reference number for him, XXXX told me that was confidential. When I asked to speak whoever he was speaking with when he placed me on hold, he once again told me that person was confidential and refused go transfer the call. Finally when i asked where I could write someone at Capital One, he told me the only thing I could do was fill out a customer satisfaction form. This process is absurd. Capital One has been provided with all the documentation they requested and even more documentation above and beyond that described on their settlement page of their website. I have provided a notarized affidavit and court order demonstrating that I was both the personal representative and heir of my mother and Capital One has repeatedly refused to acknowledge my standing in this matter. Capital One 's actions will cause prolonged and expensive litigation to release finds which Capital One has no right to retain.

Company response to consumer: Closed with explanation