QUESTION

Can a bank be sued for letting my dad's wife into his lock box with just a key and she was not on the signature card?

Asked on Nov 07th, 2013 on Criminal Law - Michigan
More details to this question:
My dad passed away last year from pancreatic cancer. About 2 weeks before his death, his wife of 8 years took dad's key and got in his lock box and emptied it. She had never been on the signature card before, but she persuaded the bank manager to let her in. He agreed to let her in, but she would need to bring back a lease agreement with my dad's signature. So he let her in right then, and she took everything. My dad had stock certificates, their pre-nuptial agreement, his latest will, cash, his golf championship ring and I don't know what else. His wife saw that dad had removed her as executrix when he redid his will naming my brother as executor. Dad's wife says that dad tore up the new will and wanted to use the will where she was named executrix. This supposedly happened 2 weeks before his death. He was on very strong narcotics including fentanyl, morphine, and delaudid. He was not aware of anything going on. Dad's wife took his 2 life insurance policies and did a change of beneficiary on both policies naming herself as the beneficiary. She forged my dad's name, and luckily we notified the insurance companies as to what she had done. My brother and I did receive the money. We also got a handwriting expert to determine if it was dad's signature or not. She said it definitely was not his! We have an attorney, and the bank manager and dad's wife have been deposed. They both lied the entire time. Eventually the banker did admit to letting her in without my dad or my brotherโ€™s knowledge. My brother was my dad's POA. This woman is master manipulator. She is a narcissistic sociopath! By the way, my dad is her 4th husband to die. Here's my question: can we not sue the bank for what they allowed her to do? What they did has totally ruined our life! We have nothing of our dad's because she got rid of everything. She is the one who tore up the will, but we don't have a copy to prove what my dad had told us.
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8 ANSWERS

Ronald A. Steinberg
Perhaps. I would sue her. She sounds like a "gold digger."
Answered on Nov 12th, 2013 at 5:03 PM

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From what you have written, you have a strong case against the bank. The first area of inquiry would be the written agreement between you father and the bank. Get a copy of the agreement covering the lock box. Also, review the bank's written policies. If the bank violated the agreement or its policies, you should have a good case.
Answered on Nov 12th, 2013 at 5:03 PM

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Edwin K. Niles
Why are you asking this forum for advice when you already have a lawyer? I am not going to 'second-guess' him or her.
Answered on Nov 12th, 2013 at 5:02 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Get a local attorney and explain everything to the attorney. It may be that there will be a Will contest and a big fight over whether dad knew what he was doing two weeks before his death. I am sorry, but there will be no easy way to handle this.
Answered on Nov 12th, 2013 at 5:02 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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You can sue anybody for anything, but you need to remember the burden of proof is on you to prove that something the bank did actually caused damages, and what I'm hearing (or reading) is mainly speculation. Her character will not be admissible in a civil lawsuit.
Answered on Nov 11th, 2013 at 9:30 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Why are you second guessing your lawyer. You have one. Use him. Follow his advice in the matter.
Answered on Nov 11th, 2013 at 9:30 AM

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Your dad likely had an attorney who drew up the latest will. You need to find that attorney.
Answered on Nov 11th, 2013 at 9:30 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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Why don't you have your attorney look at the banking law in your state to give you the answer?
Answered on Nov 11th, 2013 at 9:29 AM

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