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 My Bank Refuses To Allow Me To Deposit My Check Into My Own Account
Posted Tue April 15, 2008 12:00 pm, by MELANIE N. written to HSBC Bank USA
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This regards to a problem I am currently having concerning a earned income tax credit refund check for the tax year of December 31, 2003, and which is originally designated to my deceased mother, who passed away August 27, 2006. Naturally, as her daughter, and therefore her sole survivor and personal representative I'm entitled to this money.
Last year, I ran into the same problems with another check also due my mother for the tax year 2004 and was also entitled to. The problem arose to the fact that the refund check was made out to my name on the first line of the check AND my mother's name on the second line. I was told by the IRS that this was standard procedure as they needed to have my mother's name on the check as well, to track who the funds were originally designated for therefore could not issue the check solely and only in my name.
I had gotten in contact with a Tax Advocate who handled my case then both by phone and by letter. The main problem being, was with my bank, who kept insisting that I needed to open up a joint account with my name and my mother's name as an "Estate Of.." and to do this I would need to secure a Letter of Administration. I had indicated to her that due to a disability I cannot travel the distance to my court to get this, and even if I could, while I do have my mother's death certificate I do not have all the other pertinent documentation to get one. Having had gone to Surrogate Court in 2006 at great expense to me since I can only travel by cab, I was told that the proof I needed to file any documents pertaining to my mother, such as Letters of Administration or Small Estate Affidavit I would need my mother's original will (only have a copy). The original will was made out in 1985, and the law firm is no longer in business and have had no success in tracking where the will currently is. I was also told I needed a Third Party Affidavit For Sole Distributee Child filled out, signed and notarized by someone who had known my mother for at least twenty years...this I cannot provide either. Even if I did have such documentation to secure Letters of Administration, there would be no way I could now afford the expense of the trip to go to Surrogate Court, nor would I have funds for the fees that would be involved to secure a Letter Of Administration as I am on SSI Disability and only get $724 per month.
In the meantime, last year when I was having problems in trying to deposit that IRS refund check, the Tax Advocate had sent me a letter to present to my bank. In both letters and phone calls made to the Tax Advocate, she indicated that, no, I did not need to go through all these problems and hassles, that as long as the name of the payee, that is me, was on the first line of the check, I did not need a court-appointment or a letter of administration and that my bank should be able to accept the check in which I could deposit it into my own account.
As soon as I got this letter from the Tax Advocate, once again I went to my bank, and at first I stumbled into the same refusal in being allowed to deposit the check into my account...I pointed out repeatedly what the letter said, that I did NOT need any court appointments nor a Letter of Administration. The bank manager called their Legal Department and after faxing the check and the letter to them, and a few minutes of waiting, the check was given the okay, and I was indeed able to deposit the check.
Now I have received a new check, for the tax year 2003, and once again I'm going through the same hassle of trying to deposit the check. I went to my bank today, April 2, 2008 and I showed the former letter of the Tax Advocate, plus a print up of the day I deposited the former check, plus a photo-copy of the previous check issued to me to indicate, that yes, they were able to allow me to deposit that former check into my account. The bank manager, a different one I had dealt with last year did call their Legal Department once more, but this time I was turned down. They are insisting on the Letter of Administration of which I cannot secure.
Why were they able to accept the check and I was able to deposit that check last year, and now I can't this time. The present check is for nearly the same amount as the former check of last year?
Then on Saturday, April 12, 2008, I had received a phone call from one of the managers from my branch bank of HSBC. She indicated to me that under no circumstances could they accept the IRS check in question and allow it to be deposited into my account, that I would have to either one, get the Letters of Administration, so I can then open up a separate account with both my name and as an "Estate Of..." with my mother's name.
I have already indicated the hardship of trying to secure Letters Of Administration not only to the emails I did to the main HSBC office but this manager. The greatest hardship for me would be the fees involved and the cost of a cab service to get there as I'm disabled and cannot travel by public transportation, plus the fees involved in securing the Letters of Administration. I receive $724 SSI benefits, and by the time I pay my monthly bills have approximately $25.00 cash money for the remainder of the month for other necessities. I do get food stamps which helps in food costs, but as you can tell having $25 remaining for everything else for a whole month negates my ability to get the Letters of Administration (if I could) or going to the court by car service..
The manager also indicated that the only other way is if the IRS re-issues the check solely and only in my name. Once again, she didn't seem to hear what I had told her before. The IRS will not issue the check only in my name...they need both names on the check to be able to track to whom the refund was originally intended for, that is my mother.
I cannot understand the difficulty here in accepting this check into my account...this is the last and final check and monies pertaining to my mother..there are to be no more. The Tax Advocate of last year when I went through the same difficulty then indicated that NO I do not need a court appointment nor letters of administration, that as long as the first name of the first line of the check is indeed mine, that I can deposit this check--the check of last year was then accepted into my account..This Tax Advocate works under the division of the IRS itself and is therefore a government worker. This time round though, she indicated that it wouldn't matter if I got a newer letter from a Tax Advocate...my bank is refusing at all costs to allow me to deposit this check..Does she or my local bank realize the hardship this is putting me through? I've been a customer of this bank location for twenty years, doesn't that count for anything?
Now I just received a phone call from the new Tax Advocate assigned to me who was working on this current issue. She indicated to me, that if the bank is not accepting the former Tax Advocate letter, that to issue a new letter would be futile, that my bank should accept the content of the former letter of last year which indicated that as long as the first name on the first line of the check is mine that my bank should accept it, and that I do not need a court appointment, nor Letters of Administration.
I have no idea what to do now and would like any help that you can give me in this matter
MY FINANCIAL INSTITUTION INFORMATION
HSBC
ELMHURST BRANCH
82-57 BROADWAY
ELMHURST, NY 11373
(800) 975-4722 (general phone number)
MELANIE
I want to be allowed to deposit this check without a hassle into my account...an account I've had for over twenty years
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by molly d. Posted Mon June 2, 2008 @ 11:57 PM
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(sorry misspelled word early, just so there is no confusion)
I am sure this is just standard bank procedure. You may just see it as
just trying to deposit a check, but the bank is just trying to protect
itself.
Normally when a check is resented for deposit and made payable to two
or more people with the word AND all parties must sign and the account
must also list all persons on account or sign the check over to you.
But your sencio is a little different, that being your mother has
passed away. You stated that you are her sole survivor and personal
representative, but without proper documentation the bank has really
no way of knowing that but just by your word. That would leave the
bank vulnerable if they allowed you to deposit a check paid payable to
you and you mother in your sole owned account. If later someone would
claim they were also her relative or also have legal rights to the
moneys and show proof, they could in turn sue or cause legal matters
for the bank.
I hope this helps you understand why the bank may not be able to
deposit the check.
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by molly d. Posted Mon June 2, 2008 @ 11:48 PM
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I am sure this is just standard bank procedure. You may just see it as
just trying to deposit a check, but the bank is just trying to protect
itself.
Normally when a check is resented for deposit and made payable to two
or more people with the word AND all parties must sign and the account
must also list all persons on account or sign the check over to you.
But your sencio is a little different, that being your mother has
passed away. You stated that you are her sole survivor and personal
representative, but without proper documentation the bank has really
no way of knowing that but just by your word. That would leave the
bank vulnerable if they allowed you to deposit a check paid payable to
you and you mother in your sole owned account. If later someone would
claim they were also her relative or also have legal rights to the
moneys and show proof, they could in turn sue or cause legal matters
for the bank.
I hope this helps you understand why the bank may not be able to
deposit the check.
Reply
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Melanie..
I see you live in Queens (I used to live in Elmhurst, was actually
born and raised there). Can you make arrangements with Access A Ride
to take you to the courthouse in Jamaica? I believe they do provide
that service. You may have to register for it but it sounds like it's
worth it.
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"Naturally, as her daughter, and therefore her sole survivor and
personal representative I'm entitled to this money."
This isn't necessarily the case. I mean, it sounds like your mom had
no will, so if you're the closest living relative, sure, you get her
money. But if she had a will that left all of her estate to someone
or something, you're out of luck.
Contact your local legal aid office about this and see if they can
help you. I suggest this because when I worked for a free legal work
association, so many cases are so similar, the attorneys enjoyed
taking on something a little off the beaten path, just for the sake of
variety.
Good luck to you!
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