Estate of Jean A Gerlach / Elder Fraud, Probate Fraud
Penryn, CA
Retired,
United States Air Force
Date of Death: July 22, 2013
This Timeline Blog: JeanAGerlach.blogspot.com
Supporting Evidence / Documents, See Google Workbook: https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit#gid=1279057860
To Report Elder Fraud: 1-800-CALLFBI (225-5324)
Comments / Questions: dzeller31@gmail.com / Twitter @ZellerDonna
All research for this case completed by Court-Appointed Executor, Donna Zeller, Administrator with Full Authority, Will Annexed (Original Executor, Irene Sherman, removed by the Court, 8/4/2015).
Preface
*Niece, Donna Zeller stayed in touch with Jean A Gerlach. During the last phone call, at the end of June 2013, Jean A Gerlach stated that she didn't have to return to the Doctor until November, 2013.
*During the last several months prior to her death, Jean A Gerlach discussed the status of her Estate with niece, Donna Zeller.
*During these phone calls, Jean A Gerlach did mention that she was allowing a friend to live with her; however, that friend was to find another place to live as quickly as possible.
*During one phone call, someone came into the room and abruptly asked Jean A Gerlach who she was talking to. Jean A Gerlach was then told to hang up; that it was time for dinner.
Timeline July 25, 2013 to present...
2013
7/22/2013 Date of Death Jean A Gerlach; Family not notified until 7/25/2013 (after cremation) - Note timeline for ATM withdrawals and checks cashed during this time.
7/25/2013 Received call from Irene Sherman to notify family of Jean A Gerlach's death. Irene A Sherman requested permission to stay at the ranch to help with packing, etc. Niece, Donna Zeller, agreed. Niece, Donna Zeller, did not ask specifics of the Will; however, was told that she would have to sign a 'lot of papers'
Aug / Sept 2013 United States Office of Personnel Management Retirement Operations Center Boyer, PA 16017 not notified of date of death.
Continued automatic deposit monthly amounts: 8/1/2013: $3,005.05 9/3/2013: 3,005.05.
Reversed automatic deposits: 9/30/13: $3,005.05 9/30/13: $3,005.05
10/2013 After numerous calls to Irene Sherman, the Will was entered into probate Placer County Superior Court. (During this time, the family of Jean A Gerlach also told Irene Sherman that an attorney would be hired if Will was not entered into probate.)
* This Will was signed within a few days of Jean A Gerlach's death. Note that Jean A Gerlach had macular degeneration; her eyesight was impaired.
* "Within 30 days after a person dies, the person who has the decedent's will must file it with the superior court of the county in which the decedent lived."
Date of Death: July, 2013; Date of Filing: October, 2013
11/2013 Inventory and Appraisal completed by court appointed referee
Property must be appraised by the probate appraiser within 4 months after probate is opened.
(Note: At this point, the $14,000 ATM withdrawals, using Jean A Gerlach's debit card and pin, from Bank of America were completed by unknown persons. Investigation was pending.)
Dec, 2013 Probate entered October by Irene Sherman; Letters Testamentary for Irene Sherman entered December 2013 (Copies never received); Inventory / by Probate Court Referee Kevin Eckard.
(Note: According to CA Codes (prob:8480-8488): 8480 (a) Except as otherwise provided by statute, every person appointed as personal representative shall, before letters are
issued, give a bond approved by the court. The bond is to cover any mismanagement / theft of funds)
*****During the next several years, attempted to encourage Irene Sherman to sell the ranch and settle the estate.
2014
2/9/14 Email message received from Irene Sherman: "I found another policy for you.
It was for a credit union account. I'll mail it this week. I'm doing well...going to
S.C. For my dad's 95th birthday."
*****Estate never received this policy.
8/7/14 Received email message from Irene Sherman stating the following:
There is a family interested in the house and offered $400,000. I've kinda been holding out for $450,000. They came back with $425,000. I've been told by couple realtors that $450,000 should be the minimum. I think this family may offer 450 but if it takes to long I just may go ahead and list it. The house needs some help and Richard, my friend, who did some work for Jean is going to check out some basic things, He's a general contractor and does everything from drywall to electrical.
12/15/2014 Contacted Legal Aid / Superior Court for assistance. Legal Aid recommended giving Irene Sherman 60 days notice to vacate then proceed with eviction notice.
2015
1/26/2015
Agreement to retain the services of Attorney Pamela Jones. $1,500.00 retainer fee paid by Beneficiary / Niece, Donna Zeller.
Note Attorney Jones’ Fees: $11,203.04, transferred to her
client trust account in October, are still there and are included as part of the
Property on Hand at the end of Account. Attorney Jones requested the statutory attorney's fees for the probate ($13,646.04).
Note Accounting Services: Mary Lou Bartos, beneficiary, was paid for accounting services provided for Jean A Gerlach tax returns.
1/26/2015 Letter to Executor, Irene Sherman, Demanding Accounting issued by Attorney Jones.
2/27/2015 Hand-written Letter from Irene Sherman to Attorney Jones responding to demand for accounting. Note that checks referred to in this correspondence were never received. (Copy in Google Workbook Link Noted Above)
4/21/2015 Hearing: 1:30 pm: Petition for Order Compelling Executor to Account for Inventory Irene Sherman did not show up for the hearing Case #SPR 7035Note Accounting Services: Mary Lou Bartos, beneficiary, was paid for accounting services provided for Jean A Gerlach tax returns.
1/26/2015 Letter to Executor, Irene Sherman, Demanding Accounting issued by Attorney Jones.
2/27/2015 Hand-written Letter from Irene Sherman to Attorney Jones responding to demand for accounting. Note that checks referred to in this correspondence were never received. (Copy in Google Workbook Link Noted Above)
4/21/2015 Notice of Entry of Order to Account…
4/24/2015 Letter to Executor demanding accounting
Tax bill search reveals that Irene Sherman has not paid the property tax on 6235 Butler Road, Penryn, CA for 2013 and 2014 (Note: Back Taxes paid at Settlement from Proceeds of Sale / Due to Beneficiaries)
5/20/2015 Email Message received from Irene Sherman promised to vacate the property by the end of June: "I apologize for making you fret. The house will list on June 5th and will be vacated by the end of June. Price is $450,000. House and property has been kept up. I will be in court on time tomorrow."
5/21/2015 Hearing Scheduled 8:00 am Irene Sherman did not show up for the hearing; Attorney Jones was told to leave without seeing the judge; Judge's decision was faxed to Attorney Jones' office; Petition Denied Memorandum in Support of Ex Parte Application for Order Removing Executor of Will; Evicting Executor from Real Property; and Appointing Successor Administrator of Estate
6/16/2015 Contacted Placer County District Attorney via Web site form; reply received (See Google Workbook - linked above - for copy of reply)
6/18-6/19/2015 Hearing Scheduled: Tentative Ex Parte Hearing Scheduled; Attorney Jones cancelled hearing. Irene Sherman did not produce accounting of inventory; has now ignored a court order
6/19/2015 Contacted Sheriff Department via e-mail; reply received from Sgt. Michael Lyke
6/21/2015 Phone call with Sheriff Department, Deputy Sheriff Douglas Bostian Responded to Deputy Sheriff Bostian's request for documentation via email messages over the next several days. Case #SO-15-6431
6/23/2015 Hearing 1:30 PM Petition for Removal of Executor of Will; Irene Sherman did not appear
6/23/2015 Estimated date: Irene Sherman retains Realtor Mark Perez, 4881 Granite Dr, Rocklin, CA 916-624-6150 Realtor Perez places 6235 Butler Road, Penryn CA property on the market
6/23/2015 Ex Parte Application for Restraining Order Restraining Order Under Probate Code Section 10588 / 6235 Butler Rd, Penryn CA removed from the market
7/5/15 Received Email Message from Irene Sherman Subject Line house I've not yet sold the house. But a very nice young couple has put an offer of $500,000.00. That is a very good price was appraised at $485,000.00. I've got the accounting done and plan to file it Monday. Hope all is well Irene
7/7/2015 Received email message from Placer County Sheriff's Dept, Deputy Bostian
"Your case number is SO-15-6431. We are writing this as an embezzlement and mentioning the violation of the court order (lesser included crime). I plan on contacting Irene this week for a statement and to gather the bank documents....lets hope she goes with the program. I plan to take her to jail, depending what she tells me or what records she shows me...I will keep you updated with what we find."
7/13/2015 Received notification from Attorney Jones that Irene Sherman has retained the services of Attorney Scott Bovee
*7/16/2015 Received email message from Irene Sherman with subject line: foreclosure is imminent
7/17/2015 Attorney Jones stated via email that she filed the following:
DE-111 Petition for Probate
DE-147 Duties and Liabilities of Personal Representative
DE-147S Confidential Supplement to Duties and Liabilities of Personal Representative
DE-150 Letters
DE-160 Inventory and Appraisal
Petition for Removal of Representative
7/31/2015 Advised by Attorney Jones that Attorney Scott Bovee will not be representing Irene Sherman
*8/4/2015 Hearing Scheduled 1:30 pm Placer County Superior Court, Dept 40
Irene Sherman's duties suspended as Executor; Donna Zeller appointed Administrator with Full Authority, Will Annexed Note: Irene did not appear, but her friend, Richard Parks, did appear. The probate judge asked Mr. Parks why Irene did not show and Richard advised the court that she slipped and fell and hurt her head. He added that she had a brain tumor. When the judge asked when she would be well enough to appear, Mr. Parks said that 3 weeks would be good. The hearing on the contempt petition and the surcharge, etc. is continued to August 25th.
8/5/15 Forms Filed / Letters Mailed
Letter to Bank of America (Requesting Access to Account and Status of Foreclosure)
Form 56 (IRS)
Notice to Quit (Vacate premises)
Change in Ownership Statement, Death of Real Property Owner
8/12/15 Email message received from California Realtor Carol Strahle regarding deteriorating condition of the property; Carol Strahle had visited Jean A Gerlach on several occasions. In her email message, Carol Strahle stated that the ranch was kept in very good condition while Jean A Gerlach was alive. Carol Strahle can confirm that Irene Sherman had substantially damaged the property; had removed several items, including a riding lawn mower, boat, and a car; and refused to leave the premises even though Irene Sherman had been ordered to do so. See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Tab Named Item 22 for a copy of the email message from Carol Strahle regarding the condition of the property.
8/12/15 Email message received from Attorney Jones re status of access to account with Bank of America
8/17/15 Agreement signed with Realtor: Carol J Strahle (Lic: 00764005)
RE/MAX Gold (Office Lic.: 01215931)
13555 Bowman Road # 600
Auburn, CA 95603
Primary: 530-888-6427 Secondary: 530-368-9618
cstrahle4re@jps.net
http://www.carolstrahle.com
8/17/15 Phone Meeting with the Enterprise Estate Department of Bank of America; They will expedite sending the statements for account ending in ***1626.
Former Executor Irene Sherman closed the account in January/2014. At this time, $36,000 +/- is unaccounted for.***See Also 2/26/16 in this Blog.
8/20/15 Email message from Realtor, Carol Strahle, stating that Former Executor, Irene Sherman, was in the hospital in the ICU with a brain tumor.
8/20/15 Email message from Probate Attorney, Pamela Jones, stating that Former Executor, Irene Sherman, has asked for a 3 week extension. Attorney Jones also asked if we have received any communication from Irene Sherman. Reply to Attorney Jones: No communication received.
8/22/15 Bank of America statements received. As anticipated, there are questionable ATM withdrawals. The following withdrawals began on the date of Jean Gerlach's death 7/22/13; prior to issue of Letters for Executor, Irene Sherman; also prior to the Will being entered.
**7/22/13: ATM #000002270 Loomis, CA 600.00
**7/23/13: ATM #000002327 Loomis CA 700.00
**7/25/13: ATM #000006835 Loomis CA 700.00
**7/29/13: ATM #000007633 Loomis CA 700.00
**7/29/13: ATM #000008160 Loomis CA 700.00
** 8/1/13: ATM #000008985 Loomis CA 700.00
** 8/5/13: ATM #000001315 Loomis CA 700.00
**9/10/13 ATM #000004063 Loomis CA 700.00
**9/13/13 ATM #000002523 Loomis CA 700.00
**9/16/13 ATM #000005571 Loomis CA 700.00
**9/19/13 ATM #000007163 Loomis CA 700.00
**9/20/13 ATM #000007592 Loomis CA 700.00
**9/24/13 ATM #000008643 Loomis CA 700.00
**9/30/13 ATM #000009860 Loomis CA 700.00
*Note: 11/28/13 During this timeframe, received email message from Irene Sherman. “I didn't get my check this month when I usually do so I wasn't able to send your packages so you'd have them this week when you had the time off. Sorry about that. I should get it in the next day or two."
8/25/15 Hearing Scheduled: Irene Sherman hearing for contempt, surcharge, etc Department 40, 1:30 pm. Placer County Superior Court Amended Petition for Issuance of Citation Requiring Personal Representative to Appear and Show Cause Why She Should Not be Punished for Contempt; Petition for Removal of Representative. The Court denied my request for a Writ of Possession of Realty Property and referred me to unlawful detainer for that matter. We were not surprised that the Court denied the request for a writ.
8/31/15 Wells Fargo IRA Distribution Check, dated 12/31/13, cashed by Irene Sherman. Irene Sherman listed herself as Beneficiary to Small Estate.***See Entry Date 2/24/16 in this list.
8/31/15 Carol Strahle, Realtor, reported that the 1.5 inch irrigation water system was shut off for nonpayment on July 15th. Irene Sherman had transferred the account to her name and stopped paying the bill. The issue is that once a water system is shut off, it is difficult to get it turned on again. Furthermore, the property will not sell without one. Fortunately, Carol Strahle managed to get the water company (PCWA Acct #000152846-000027580) to turn the water on again; in Administrator Donna Zeller's name.
*9/3/15 Two Certified Letters Dated 8/25/15 Received From Bank of America: 6235 Butler Rd, Penryn CA is in Foreclosure; Referred to Foreclosure Firm: Clear Recon Corp. 4375 Jutland Drive Suite 200 San Diego CA 92117 Amount due $130,346.07
9/5/15 Email message received from Realtor Carol Strahle stating that 6235 Butler Rd, Penryn CA is vacant and the locks have been changed.
Note that items (10 chairs) were removed from the property after locks were changed; no signs of forced entry.
9/9/15 Received Secured Email from SAFE Credit Union, Sacramento, CA; account was closed February, 2014. Information requested regarding transactions posted to the account after the death of Jean A Gerlach; person or persons who closed the account (See 10/5/15).
9/14/15 Hearing Scheduled: Irene Sherman to respond to Petitions re 8/25/15 hearing
9/29/15 Hearing Scheduled: Irene Sherman: Ruling on Surcharges
*Decision: Requirement to provide accounting waived
*Decision: Defer compensation and surcharge arguments for our petition to close
*Decision: That Irene Sherman return of all receipts, files, and paperwork removed from the 6235 Butler Rd property. Attorney Jones requested all items to be mailed to her office.
Irene Sherman did send a few boxes of receipts, etc to Attorney Pamela Jones. As the Administrator, Donna Zeller did give permission to Attorney Jones to review the information. However, after Attorney Jones' review, Donna Zeller requested paperwork to be forwarded to the Estate Administrator, Donna Zeller. The items have never been received from Attorney Jones.
*Update: 12/17/18 Received email message from Attorney Jones advising that she is relocating to Las Vegas, Nevada. Attorney Jones instructed: In order to request 'hard' copy paper files from her office, send email message to jae@cornerstoneestatelaw.com. (Email message sent to jae@cornerstoneestatelaw.com requesting hard copies.)
*Update 12/26/18 Email message received stating that files would be sent sometime in February, 2019. Estate will be notified of shipping charges prior to shipment.
*Update: As of 2/27/19, no information re shipping charges or files have been received.
*Electronic files must be retrieved in person or files will be transferred to Kim Garner, Duggan Law Corporation or Susan King,Cohen Durett LLP. Or, contact Attorney Pamela Jones, 3900 S. Hualapai Way, Suite 104, Las Vegas NV 89147 prior to January 30th, 2019 to request that electronic files are not transferred. (Estate did not submit a request.)
*Update 3/22/19, copies of hard files received in electronic format, as requested.
10/1/15 Settlement Statement (HUD-1) Item 1304 lists Delinquent Taxes #032-330-001/2014 Placer County Tax Collector Paid From Seller's Funds at Settlement $8,256.11
Settlement Statement (HUD-1) Item 511 Adj for items unpaid by seller. County Taxes at $2276.08/semi-annually from 07/01/2015 to 09/30/2015 $1125.40
10/5/15 Copy of SAFE Check issued to close the SAFE Credit Union Account received. Irene Sherman signed the check, identifying herself as a beneficiary. The money was deposited to Bank of America #5490. This account was subsequently closed by Bank of America due to overdraft status. Irene Sherman withdrew funds from this account; See list of checks made payable to 'Cash' in this timeline date 2/26/16
10/6/15 Property hazard insurance cancelled for nonpayment. 6/25/15-10/2/15. QBE Insurance Corp Policy #Q-5725315.
11/2/15 INF 1161E California DMV Form filed by Attorney Jones to obtain a list of vehicles, boats, etc. in the name of Jean A Gerlach. Former Executor, Irene Sherman, removed all paperwork from the ranch and may have the vehicles in her possession. (The Estate has requested a copy of any reports received from the California DMV; Attorney Jones has either not received any reports or has not yet forwarded copies to the Estate Administrator.)
12/8/15 Awaiting final Petition to close the Probate from Attorney Pamela Jones.
2016
2/24/16 Detective C Glaspell, Placer County Sheriff Department - requested information. All information provided as requested.
2/24/16 Met with Wells Fargo Estate Department and local Branch Manager. Received copies of the following: California Affidavit Of Collection Of Estate Assets and Estate Best IRA. These forms were used by Irene Sherman to cash the 12/31/13 IRA distribution check. Note that the California Affidavit of Collection of Estate Assets is a notarized form. Irene Sherman swore to the following items on that form: "no proceeding is now being or has been conducted in California for administration of the decedent's estate" and "the decedent's estate does not include real property located in California"
3/12/16 Emailed Detective Glaspell, Placer County Sheriff's Department: Requested history of vehicles owned by Jean A Gerlach: Date(s) of Sale, Sold To Information. Also requested status of handicapped placard in the name of Jean A Gerlach: Is the placard active? Still in use?
Notified by Placer County Sheriff's Department that the vehicle owned by Jean A Gerlach was transferred to Irene A Sherman. Irene's friend and witness on the Will, Richard Parks, claims that Jean A Gerlach gave the vehicle to Irene Sherman as a gift. Need the date of transfer? The Estate requested that Attorney Jones file a form to request the information from California DMV. The Estate has never received any information from the California DMV.
Notified by Placer County Sheriff's Department that the vehicle owned by Jean A Gerlach was transferred to Irene A Sherman. Irene's friend and witness on the Will, Richard Parks, claims that Jean A Gerlach gave the vehicle to Irene Sherman as a gift. Need the date of transfer? The Estate requested that Attorney Jones file a form to request the information from California DMV. The Estate has never received any information from the California DMV.
3/16/16 Discovered a Bank of America Line of Credit, Feb 2008 - April 2013. Although this was closed prior to the date of death, the Estate Administrator, D Zeller, requested and received statements.
3/16/16 Discovered Bank of America Credit Card, Sept 2000-Oct 2013. Copies of statements requested and received; charges were made to this credit card on the date of death 7/22/13 at Chevron Gas Station. Subsequently, charges were paid in full.
4/4/16 Bank of America received statements for Estate of Jean A Gerlach Account #***5490 set up by Irene Sherman with an EIN attached: 46-7170794.
The EIN on file with the IRS for the Estate is the one that I filed for after being appointed Executor: 47-7219290. The IRS will investigate and send a report (See timeline dates 5/24/16 and 8/1/16 in this blog).
Statements requested to begin with the opening of the account on 12/10/13 and end with 2/1/16 when Bank of America closed the account due to fees that were being charged for overdraft.
(After numerous calls, 3/18/16: Follow-up call to Bank of America: the statements were mailed the morning of 3/18/16. Statements and copies of checks have been received.).
Checks Made Payable to 'Cash' signed by Irene Sherman:
#0991 12/11/13 $3,000.00 No signature on back of check
#0994 12/20/13 $2,500.00
#0993 12/27/13 $3,000.00
#1100 07/09/14 $2,000.00
#1101 07/11/14 $2,500.00
#1102 07/21/14 $4,000.00 US Bank ATM 072114 KC St Paul MN 091000022
#1105 08/28/14 $500.00 US Bank ATM 082814 OF St Paul MN 091000022
#1106 09/20/14 $250.00
Check Made Payable to "Northern Energy" (No Northern Energy account on file for Jean A Gerlach)
#0998 Northern Energy 1/31/14 $1,675.96 Complaint Submitted to California PUC
May 4, 2017 Letter Received from California PUC: Northern Energy is not regulated by the CPUC.
5/6/16 Notified by Placer County Sheriff's Department, Detective Glaspell, that Irene Sherman has died. Criminal case will be closed. All beneficiaries have been notified. All banks considering fraud cases have been notified.
5/20/16 Received paperwork to close probate from Attorney Jones. The Estate owes the Attorney additional fees.
5/22/16 Updated 5/26/16 A review of the paperwork to close the probate, prepared by Attorney Jones, requires review / revisions. See the List on the Google Workbook, Worksheet Tab Item #40 https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing
5/24/16 Contacted IRS re invalid EIN used by Former Executor Irene Sherman, 46-7170794. Spoke with Lee Ann Lawrence ID 1001866411.
6/1/16 Received revised paperwork to close the paperwork from Attorney Jones. Replied with a request for minor revisions. See the List on the Google Workbook, Worksheet Tab Item #40 https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing
7/12/16 Reported Fraudulent Bank Withdrawals / Cashed Checks to Federal Deposit Insurance Corporation (FDIC), Consumer Response Center, 1100 Walnut Street, Box #11, Kansas City, MO 64106, 877-ASK-FDIC (1-877-275-3342)
Amended 8/30/16 Email message received from the FDIC. Re: Bank of America, Wells Fargo, and SAFE Credit Union: "The FDIC supervises State-chartered banks that are not members of the Federal Reserve System. As noted in our previous correspondence, the FDIC does not have regulatory authority over your concerns involving the referenced entities."
7/18/16: Received information from Commission on Judicial Performance: Review has been forwarded to The Honorable Alan V. Pineschi, Placer County Superior Court, PO Box 619072, Roseville, CA 95661 See also 10/20/16 in this blog.
7/19/16: Received information from the FDIC as follows:
Bank of America and Wells Fargo: Reported to Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney St, Suite 3450, Houston, TX.
SAFE Credit Union reported to CA Department of Financial Institutions, 1810 13th Street, Sacramento, CA 95814-7118
7/20/16 Petition for Final Distribution, Placer County Superior Court, scheduled for August 30, 2016 at 1:30 pm
7/22/16 Received email from Consumer Financial Protection Bureau (855)411-2372 Case #160720-000914 assigned for Bank of America dispute. See timeline date 7/27/18....
7/23/16 Submitted BMFEA Complaint to State of California Department of Justice Office of the Attorney General, Kamala D. Harris, Attorney General
7/25/16 Received letters, dated 7/20/16, from the Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney St, Suite 3450, Houston, TX 77010-9050
7/12/16 Reported Fraudulent Bank Withdrawals / Cashed Checks to Federal Deposit Insurance Corporation (FDIC), Consumer Response Center, 1100 Walnut Street, Box #11, Kansas City, MO 64106, 877-ASK-FDIC (1-877-275-3342)
Amended 8/30/16 Email message received from the FDIC. Re: Bank of America, Wells Fargo, and SAFE Credit Union: "The FDIC supervises State-chartered banks that are not members of the Federal Reserve System. As noted in our previous correspondence, the FDIC does not have regulatory authority over your concerns involving the referenced entities."
7/18/16: Received information from Commission on Judicial Performance: Review has been forwarded to The Honorable Alan V. Pineschi, Placer County Superior Court, PO Box 619072, Roseville, CA 95661 See also 10/20/16 in this blog.
7/19/16: Received information from the FDIC as follows:
Bank of America and Wells Fargo: Reported to Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney St, Suite 3450, Houston, TX.
SAFE Credit Union reported to CA Department of Financial Institutions, 1810 13th Street, Sacramento, CA 95814-7118
7/20/16 Petition for Final Distribution, Placer County Superior Court, scheduled for August 30, 2016 at 1:30 pm
7/22/16 Received email from Consumer Financial Protection Bureau (855)411-2372 Case #160720-000914 assigned for Bank of America dispute. See timeline date 7/27/18....
7/23/16 Submitted BMFEA Complaint to State of California Department of Justice Office of the Attorney General, Kamala D. Harris, Attorney General
7/25/16 Received letters, dated 7/20/16, from the Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney St, Suite 3450, Houston, TX 77010-9050
Case #03087891 Represents Estate of Jean Gerlach, Bank of America, National Association has been referred to Consumer Financial Protection Bureau, PO Box 4503, Iowa City, IA 52244
Case #03088058 Represents Estate of Jean Gerlach, Wells Fargo Bank, National Association that the Office of the Comptroller of the Currency is the federal regulator; the financial institution has been contacted.
Case #03088059 Represents the Estate of Jean Gerlach, SAFE Credit Union has been referred to National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428.
7/25/16 Received email message from Bank of America Enterprise Unit, Alysia White, 877.471.4367, Ext 383202 to contact her regarding Case #03088058. I called Alysia White and was told that she was not yet familiar with the case; that she would have to verify that she could discuss the case with me; and that she would return my call. (Note that Bank of America has had my Letters, stating that I am the Estate Administrator with Full Authority, on file since last August.)
Amended 8/23/16: Contacted Consumer Financial Protection Bureau, PO Box 4503, Iowa City, IA 52244 re Case #03087891--Bank of America has not responded.
Amended 9/6/16: Phone Call: Bank of America, Patience Nyako. She will be reviewing the case and will respond on or around September 13th.
7/26/16 Received letter, dated 7/21/16, from Wells Fargo Bank stating that they have received the complaint from the Office of the Comptroller of the Currency and will follow-up within ten (10) business days.
7/29/16 FBI, Sacramento, CA Office contacted re Elder Abuse
8/1/16 Contacted IRS Ms. O'Connor ID 1002962584. Sent documents to Entity Dept IRS Att BMF Entity Stop 343 Cincinnatti, OH 45999
8/3/16 Received letter from Wells Fargo Bank stating that they could only give the information to the Executor. (Note that Wells Fargo Bank has had my Letters, stating that I am the Estate Administrator, on file since last August.) Called Wells Fargo Bank. After conversations with several people, I was referred to their Estate Department. Kim at the Wells Fargo Bank Estate Department requested that I fax the letter received from Wells Fargo Bank. The Wells Fargo Bank Branch in Middletown, PA faxed the letter, as requested.
8/4/16 After one year of unsuccessfully trying to obtain copies of the AT&T statements for the land line at 6235 Butler Rd, Penryn, CA....the request has been referred to the FCC via their online complaint form
8/5/16 Case #03088059 with SAFE Credit Union has been forwarded from the National Credit Union Administration to the California Department of Business Oversight.
8/6/16 Re 8/4/16 AT&T / FCC. FCC Assigned Ticket #1122739
8/8/16 Received email from FCC re AT&T: The FCC Ticket No. 1122739 was served on AT&T Wireline on Aug 8 for its review and response
8/9/16 Re: SAFE Credit Union: Received Letter from California Department of Business Oversight. Assigned Complaint number complaint-19647 The Department will reply within 20 days from the date of the letter (8/5/16)
8/10/16 AT&T received complaint from FCC. AT&T assigned Case #CA1618767
8/12/16 Complaint Submitted to the FTC (Received email message from the FTC Ref #75272130 providing link to 10 Ways to Avoid Fraud -
http://www.consumer.ftc.gov/articles/0060-10-ways-avoid-fraud for assistance) Ref #75272130 Ph 877 382 4357
http://www.consumer.ftc.gov/articles/0060-10-ways-avoid-fraud for assistance) Ref #75272130 Ph 877 382 4357
8/12/16 FCC / AT&T Complaint Submitted to and Updated on IdentityTheft.gov (online) Ref #72651634
8/15/16 Letter Received from Superior Court, Placer County, PA re Commission on Judicial Performance See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 41 and Item 42 See also 10/20/16 in this blog.
8/15/16 Letter Received from Office of the Comptroller Re Wells Fargo Bank See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 30
8/16/16 Received email message from the FTC Ref #75272130 provided the link: http://www.consumer.ftc.gov/articles/0060-10-ways-avoid-fraud for assistance
8/16/16 SAFE Credit Union: Letter Received from California Department of Business Oversight, Division of Financial Institutions (DFI) See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit#gid=1279057860 Worksheet Item 35
8/17/16 FCC Ticket No. 1122739: Received email message from the FCC. FCC has served the complaint to the carrier (AT&T). The carrier (AT&T) will reply within 7-10 days. FCC has closed the ticket.
8/22/16 Letter dated 8/15/16 received from Wells Fargo. Although all details were provided, their Senior Correspondence Specialist did not identify the correct transaction in her correspondence; thus, the response was invalid. See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit#gid=1279057860 Worksheet Item 30 for information.
8/22/16 RE SAFE Credit Union Letter dated 8/18/16 received from the Department of Business Oversight Complaint number: complaint-19793. The complaint has been sent to SAFE Credit Union by the Division of Financial Institutions See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit#gid=1279057860 Worksheet Item 35
8/26/16 Bank of America 160720-000914: Consumerfinance.gov: submitted dispute online. According to Bank of America, disputes must be submitted within 90 days of the statement date. However, Irene Sherman never supplied an accounting of the inventory. The Estate was not aware of the ATM withdrawals or the checks cashed by Irene Sherman until August 2015, when Irene Sherman was removed as Executor.
8/26/16 FCC / AT&T Dispute #1122739: working with Gary Ladd from AT&T's President's Office to resolve the issue.
8/30/16 Hearing Scheduled: Placer County California Superior Court; Probate Petition Hearing scheduled for 1:30 pm.
9/1/16 Awaiting signature from Placer County California Superior Court for preliminary distribution of the Estate; Court will allow Estate to remain open while we pursue collection of surcharge on former Executor, Irene Sherman.
9/6/16 Letter Received: Office Of the Comptroller of the Currency: Appeal Case #03090847: Wells Fargo Bank: The Wells Fargo Senior Correspondence Specialist did not identify the correct transaction.
9/8/16 Due to lack of response from AT&T, an appeal has been filed with the FCC for Dispute #1122739
9/9/16 Letter received from State of California, Commission on Judicial Performance - appeal is under review. See also 10/20/16 in this Blog.
9/14/16 Bank of America Phone Meeting with Patience Nyako, 877.366.1121. She advised the following:
(1) Generally, the timeframe for filing a claim does not 'reset' when a new Executor / Administrator is appointed. For this case, Patience Nyako will work with the Senior Claims Analyst, Shannon, to file a claim. We will be advised of the outcome.
(2) On the date of Jean A Gerlach's death, 7/22/13, a 'hold' was not placed on Bank of America checking account #***1626 because the account received direct deposits from the Civil Service Annuity Department (not from Social Security). The Civil Service Annuity Department did not advise Bank of America about the death until 9/28/2013. Bank of America also requires a death certificate which was not received until December 10, 2013.
See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item #27 (ATM Withdrawals by Irene Sherman) and Item #39 (Checks payable to 'Cash' - signed by Irene Sherman)
9/16/16 Bank of America Phone Meeting with Patience Nyako. She has confirmed the following:
(1) ATM Withdrawals: Bank of America Claim # 160914111693 was submitted and denied. The reason for denial: Claim was submitted after the 90 day grace period allowed for reporting issues.
(2) Checks payable to 'Cash': No claim submitted for the following reason: The checks written and made payable to 'Cash' were written by Executor, Irene Sherman. At the time, she was recognized as the legal Executor for the Estate.
Update: 9/21/2016: Letter received from Bank of America re Claim # 160914111693 for $9,700.00 for Account ending in 1626
"We've completed our review of this claim and have determined that no error has occurred. Based on this information, we're unable to credit your account and now consider this disputed transaction closed."
Update: 9/24/16: Letter received from Bank of America re: Claim #160914111693
(1) Re: Account Ending with 1626: ATM Withdrawals 7/22/13 to 9/30/13: problems or unauthorized transactions must be reported with 60 days; Bank of America is unable to initiate fraud claim because the time frame has expired.
(2) Re: Account Ending with 5490: Checks written: Irene A Sherman provided proper documentation to open and conduct business through this account
9/16/16 Civil Service Annuity Department, Tracking ID Numbers #1124565 and 108173, notified re the following: The Annuity Department did not notify Bank of America about the death of Jean A Gerlach until 9/28/2013. This allowed substantial time for use of the ATM Debit Card by former Executor, Irene Sherman, to withdraw funds. In addition, Bank of America had requested a death certificate. That request was not satisfied; therefore, Bank of America could not put a hold on or close the account.
9/22/16 Placer County, CA Probate Court signed the petition. Preliminary Distribution will be made. Petition for Probate of Estate of Former Executor Irene Sherman will be made.
September 22, 2016: Court Signed the Petition
Preliminary distributions have been made from Probate Attorney Jones' IOLTA Account;
distributions made by Attorney Jones, not by the Estate Administrator.
(Transfer to the IOLTA Account was completed last year, 2015.)
Preliminary distributions have been made from Probate Attorney Jones' IOLTA Account;
distributions made by Attorney Jones, not by the Estate Administrator.
(Transfer to the IOLTA Account was completed last year, 2015.)
9/26/16 See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item #43 (Supporting Information: Email Messages from Irene Sherman)
9/26/16 See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item #44 (Supporting Information: Related Fraud / ID Theft?)
9/27/16 Received email message from Consumer Financial Protection Bureau (855)411-2371 Case #160720-000914, 160914-002790 assigned re Bank of America: Response from Bank of America to the Consumer Financial Protection Bureau (consumerfinance.gov):
Bank of America is reviewing your inquiry. We require additional time to provide you a complete response. We will update the status of your inquiry on the portal with our response as quickly as possible.
Bank of America is reviewing your inquiry. We require additional time to provide you a complete response. We will update the status of your inquiry on the portal with our response as quickly as possible.
10/01/16 Received email message from Consumer Financial Protection Bureau (855)411-2371 Case #160720-000914, 160914-002790 assigned re Bank of America: Response from Bank of America to the Consumer Financial Protection Bureau (consumerfinance.gov): See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Items #27 and #39 for update. Dispute Filed to this response.
10/08/16 AT&T Follow up with identitytheft.gov Statements were never received; no follow-up communication from AT&T regarding the request.
10/15/16 Completed California Department of Business Oversight; Form SOC 341 Report of Suspected Dependent Adult/Elder Abuse: Placer County Adult Protective Services.
10/20/16 Letter from Commission on Judicial Performance, 455 Golden Gate Ave. Suite 14400, San Francisco, CA 94102-3660 The Commission concluded that the local court did not abuse its discretion in its handling of the complaint; no further action will be taken based on the information that you have provided.
(Note that per the County of Placer Budget Snapshot for 2015-16, the Superior Court's budget is $12.7M.)
See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 42A Comm on Judicial Performance Copy of the Letter
11/3/16 Reply received from Office Of the Comptroller of the Currency: Appeal Case #03090847: Wells Fargo Bank See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 30 Wells Fargo for a copy of the letter
11/14/16 Submitted Form 7004 for Estate of Jean A Gerlach: Application for Automatic Extension of Time to File Certain Business Income Taxes, Information, and Other Returns
11/17/16 Letter received from the Internal Revenue Service confirming that the EIN 47-7219290, applied for after Donna Zeller was appointed Administrator with Full Authority, Will Annexed, is the correct number; the number 46-7170794 used by former executor Irene Sherman is not on file. See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 45 IRS EIN for a copy of the letter
11/17/16 Letter received from the Internal Revenue Service confirming that the EIN 47-7219290, applied for after Donna Zeller was appointed Administrator with Full Authority, Will Annexed, is the correct number; the number 46-7170794 used by former executor Irene Sherman is not on file. See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 45 IRS EIN for a copy of the letter
12/3/16 Completed forms for Estate Attorney Jones re Estate of former Executor, Irene A Sherman: DE-111 Petition for Probate; DE-140 Order for Probate; DE-121 Notice of Petition to Administer Estate. Richard Parks (witness on the Will and Irene A Sherman's friend) has been served.
12/20/16 Correspondence To / From Senator Dianne Feinstein See See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 46
2017
Jan / Feb 2017 Final Estate Taxes Completed, Signed and E-filed.
1/17/2017 Placer County Superior Court: Hearing Scheduled 1/17/17 for the following petitions: DE-121 Notice of Petition to Administer Estate and DE-111 Petition for Probate
1/17/2017 Placer County Superior Court: Hearing Scheduled 1/17/17 for the following petitions: DE-121 Notice of Petition to Administer Estate and DE-111 Petition for Probate
Note: On 1/3/17 received email message from Probate Attorney Pamela Jones stating that she has learned that the former Executor, Irene Sherman, has no assets. At this time, Probate Attorney Pamela Jones has suggested to cancel the petitions. The Estate Administrator with Full Authority, Will Annexed, Donna L. Zeller, has agreed.
See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 47 for copy of email messages.
Amended 1/4/17: 1/3/17 Email message received from former Executor, Irene Sherman's sister, Cynthia Snow, stating that Irene Sherman had no assets. See https://docs.google.com/spreadsheets/d/1I-acyqs5Kh_Wm8QPqFctyoe8rqadTQN4Zakf4z3pnd4/edit?usp=sharing Worksheet Item 47 for copy of email messages.
NOTE Re Assets: Irene Sherman listed as Owner, Newcastle Florist, 7150 Seay Lane, Penryn, CA 95663 Ph 916.663.1015
NOTE Re Assets: Irene Sherman listed as Owner, Newcastle Florist, 7150 Seay Lane, Penryn, CA 95663 Ph 916.663.1015
2/4/17 Reported Irene Sherman, Richard Parks, and Walter Hobbs to Medi-Cal. The fraud complaint has been received and assigned reference #170022467.
2018
7/27/18 Ongoing reporting: Complaint filed Federal Reserve Consumer Complaint / Bank of America re: ATM Withdrawals and Checks cashed by Former Executor, Irene A. Sherman. Sherman was required to, but did not, close the Bank of America checking account and open an Estate account prior to withdrawing any funds.
See above timeline dates 8/22/15, 4/4/16 and 7/22/16.
Update *Response received 8/1/18 from Federal Reserve Consumer Complaint re Bank of America: "The entity you are inquiring about is subject to supervisory oversight by the Consumer Financial Protection Bureau (CFPB)"
Update **8/29/18 Response From CFPB: The company cannot respond because of an unauthorized third party. (Note that Bank of America has a copy of Letters of Testamentary for Court-Appointed Executor, Donna Zeller.)
See above timeline dates 8/22/15, 4/4/16 and 7/22/16.
Update *Response received 8/1/18 from Federal Reserve Consumer Complaint re Bank of America: "The entity you are inquiring about is subject to supervisory oversight by the Consumer Financial Protection Bureau (CFPB)"
Update **8/29/18 Response From CFPB: The company cannot respond because of an unauthorized third party. (Note that Bank of America has a copy of Letters of Testamentary for Court-Appointed Executor, Donna Zeller.)
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