Cook County Record

Tuesday, April 7, 2020

Estate rep says Bank of America allowed someone to withdraw $69K from man's account after his death

By Bree Gonzales | Jun 26, 2018

Law money 13

CHICAGO — The administrator for the estate of Jose Valdez is suing Bank of America and a John Doe defendant, citing alleged negligence.

Marabel Valdez filed a complaint June 13 in Cook County Circuit Court, alleging the defendants breached their duties to see to it that estate proceeds were not misapplied or misappropriated.

According to the complaint, Bank of America authorized a person unknown to the plaintiff to tender Jose Valdez's $69,772 account proceeds on Feb. 8.

Marabel Valdez said the defendants had a duty of reasonable care, a duty to investigate the transaction in question and a duty not to misappropriate account proceeds.

In addition, the plaintiff claims the transaction, which was made after Jose Valdez's death, is fraudulent.

The plaintiff seeks an award for damages of not less than $50,000 and for all costs and other relief that is just and proper. She is represented by David Neely Attorney at Law in Maywood.

Cook County Circuit Court case number 2018CH07414

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Organizations in this Story

Bank of AmericaCircuit Court of Cook CountyDavid E. Neely