Wells Fargo Bank N.A., Borger, TX., refused an indigent, disabled, hispanic widow, her right to claim her deceased husband's bank account of only $1,128.00. The Texas probate code, Sec. 160 says that she can claim the funds simply by asking for them. She presented a filed, sworn affidavit of heirship to the bank, along with her marriage license and death certificate but they refused her the money. She gets only $333.00 per month and is on food stamps. They didn't know what their policy was at the time and said they would have to contact their legal department. She contacted a lawyer who took the case Pro Bono. Their legal department said she would have to probate her husband's estate, he had nothing other than this little bank account. The widow's lawyer filed suit against Wells Fargo and they hired an expensive firm to keep her from getting her money. Her husband has been dead for a year now, and the court has not given her the money yet. Wells Fargo Bank may be in violation of the Texas Statutes which allows an indigent surviving spouse to recieve funds emmediately, simply for living expenses and to pay outstanding debts. She is the sole heir, the surviving spouse and unable to afford probate cost. I know the law firm that is representing Wells Fargo Bank is not working Pro Bono. I think there is an unjust enrichment on the part of the attorneys working for Wells Fargo, plus an illegal policy that is against indigent survivors that are entitled to their money under the Texas Probate Code. Maybe there is a class action suit brewing here?
I would appreciate any legal advice that might be lurking out there, plus any help concerning a possible Civil Rights suit since they are illegally holding her money, which is her property. I hope this poor women lives long enough to get that $1,128.00, plus a huge award from damages and possible santions against the unethical attorneys and Wells Fargo Bank N.A., Borger, TX.
0 comments