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post #1 of 23 (permalink) Old 04-10-2011, 03:14 PM Thread Starter
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I need advice, please!

Shortly before he died, my father made me power of attorney in his bank account because the bank demanded it, since my father wasn't able to sign anymore due to paralysis. The bank never processed the power of attorney, though, each time they assured me they would do it immediately but never did. Now that my father is dead, I'm not allowed to close his account or pay the overdraft he left, because I don't show as having power of attorney in that account, according to the bank. The account is accruing enormeous amounts of indexation and penalties for the overdraft, and the day the bank suddenly "wakes up" and demands that I pay, the amount will be so huge I won't be able to.

I have no money to consult a lawyer, and I'm lost, don't know what to do. I have cried and begged so many times at the bank that I don't see the point of calling them anymore.

I really need advice...

The Royal von Meouw Dynasty: His Royal Highness the late Prince von Meouw,
Her Royal Highness Princess Gatita von Meouw, Nikita Duchess of Meouw and
His Highness Cuchi-Cuchi, next in line for the throne of Prince von Meouw.
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post #2 of 23 (permalink) Old 04-10-2011, 04:01 PM
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How was the deal (or supposed to have been) made?

If there is a paper that YOU filled out/signed, and that is what they are "processing", then you have a much better chance at saying "See! I did my part already!"

However, if it was all verbal, I think you're pretty much stuck. Not that I know anything about banking laws, but these days, words are worthless no matter where you are in the world. Everybody's just out for themselves...if they can squeeze every penny out of you any chance they get, they probably will. Sorry to say.

Also, how long ago did your father die? I would think if it's been less than a few months, there may still be some hope. If it's over half a year or so, again...you may be sunk

Are there any programs that you can get a lawyer for free, if you're in a low income situation? Or one that will consult with you and/or help you for free until you win your case? (and then maybe you could use any money from the bank account to pay the lawyer). In America, they CLAIM they will help you for "free" until you win and then you pay...but I've heard there's always hidden charges and fines for dinky little stuff just so they can be sure they get SOME money.

*huggle!*
I hope you get everything sorted out soon!
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post #3 of 23 (permalink) Old 04-10-2011, 11:58 PM Thread Starter
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Thank you very much, Vivid Dawn. We had a notary make the document, then I sent it to the bank. Each time I call, they tell me that it's being processed. Sometimes they say they lost the document, sometimes they say there's no problem and they'll process it soon. This has been going on for several months. They won't let me talk to the manager. I do have proof that I sent the document and when, since I sent it through another branch of the same bank, and I suppose that branch can attest that they signed and sent the document.

The Royal von Meouw Dynasty: His Royal Highness the late Prince von Meouw,
Her Royal Highness Princess Gatita von Meouw, Nikita Duchess of Meouw and
His Highness Cuchi-Cuchi, next in line for the throne of Prince von Meouw.
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post #4 of 23 (permalink) Old 04-11-2011, 01:08 AM
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Originally Posted by Straysmommy View Post
They won't let me talk to the manager.
I do have proof that I sent the document and when, since I sent it through another branch of the same bank...
I think I'd be marching personally in to the bank, with my proof of the document's mailing and a list of time/dates any inquiry phone calls were made, and raising a royal STINK until I finally *did* get to speak w/ a manager, finally get the issue RESOLVED and all fines/fees accrued from *that date forward* REMOVED from the account.
Then I think if there were money in the account I'd promptly close the account and move the money.



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post #5 of 23 (permalink) Old 04-11-2011, 03:03 AM Thread Starter
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Thank you, Heidi. I can't go to the bank because if I go they'll demand the ORIGINAL power of attorney, thus leaving me without any proof. I have the excuse that it's in another city, so I keep sending them a notarized and stamped copy through my local branch.

The Royal von Meouw Dynasty: His Royal Highness the late Prince von Meouw,
Her Royal Highness Princess Gatita von Meouw, Nikita Duchess of Meouw and
His Highness Cuchi-Cuchi, next in line for the throne of Prince von Meouw.
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post #6 of 23 (permalink) Old 04-11-2011, 03:09 AM
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Contact the Legal Aid Society or the State Bar in your county. Both offices offer free advice for those who qualify.

Or Google "free legal help" for the area where you live. At this point, you really do need to do something.

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post #7 of 23 (permalink) Old 04-11-2011, 08:32 AM
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Wow what a stupid system. I agree with Heidi. Go in there (with a friend), and DEMAND to see the manager.

Their excuses all sound like bull to me, they just want to get money out of you for their laziness and/or screwup.
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post #8 of 23 (permalink) Old 04-11-2011, 10:14 AM
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Are you the executor of the estate? And has probate been filed?
In the US, every state has slightly different laws & you are in another country so I do not know the law for you but generally it works like this:
if a person dies with a will and the estate exceeds the minimum threshold, probate is required. These are the typical steps in a probate proceeding:A petition is filed with your probate court to start the probate process. You need to find the lawyer/attorney that has the will on file.
  • The probate court issues an order naming an executor.
  • A notice of death is published in the local newspaper.
  • Bills and debts must be paid.
  • Accountings and inventories must be filed with the probate court.
  • Property must be valued.
  • Property is distributed.
  • Papers are filed to close the estate, and probate fees are paid.
If you have a will, it almost always names an executor. However, the person named in the will does not become the executor automatically. This person must petition the probate court seeking appointment as executor. The probate court judge will review the will and the petition to determine if the will has been signed with the proper formalities. It will then determine whether the person seeking appointment as executor is qualified to serve. If so, the judge will enter an order appointing the person as executor. This opens the probate process. It is the order appointing the person as executor that gives her the legal authority to sign documents.
If there is no will, or the person named in the will is not available, the probate court will determine who should serve as executor or personal representative to handle the estate. Power of Attorney generally does not extend after death (laws may be different in other countries)
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post #9 of 23 (permalink) Old 04-12-2011, 02:19 AM
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Originally Posted by Straysmommy View Post
Thank you, Heidi. I can't go to the bank because if I go they'll demand the ORIGINAL power of attorney, thus leaving me without any proof. I have the excuse that it's in another city, so I keep sending them a notarized and stamped copy through my local branch.
Simple. Don't bring the original with you, only a copy.
OR
If they *insist* on the original, tell them it does NOT leave your hand. They may look at it, you may make copies for them on their copier in their presence, but YOU will handle the document at all times and at no time will it ever leave your presence or possession.
It is YOUR document, NOT theirs.



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post #10 of 23 (permalink) Old 04-12-2011, 02:44 AM Thread Starter
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Heidi, if I come to the bank and leave them a copy (which they wouldn't accept, anyway, as they told me), I have no records that I gave them the document 3 times and never got it processed... At this time I have a feeling that I should handle absolutely everything with them in writing only...

The Royal von Meouw Dynasty: His Royal Highness the late Prince von Meouw,
Her Royal Highness Princess Gatita von Meouw, Nikita Duchess of Meouw and
His Highness Cuchi-Cuchi, next in line for the throne of Prince von Meouw.
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