D L Evans Bank

My father passed away and had a sizable account with DL evens bank, and his estate was less than $100,000. The state of Idaho allows you to submit an affidavit, small estate if you are the only heir, have it notarized and submit it to the bank for collection of the estate if the account is less than $100,000. It is Idaho state law and the law says the entity holding the funds must release it to you when presented with the affidavit along with a death certificate. I had the competed affidavit notarized and presented it to the bank with the death certificate. DL evans bank has an internal policy that they will not honor an affidavit if the balance in the account is more than $5,000, so they refused to release the funds to me even though state law says they must. I presented them with a copy of the state law and indicated that they were trying to supersede Idaho law, and they still refused. I then mailed them a certified letter, along with another copy of the state statutes and indicated that I had sought legal advice and if they still refused that I would put the estate into probate at a considerable cost and sue them for the money, probate costs, filing fees and damages as advised by my counsel. I immediately got a reply from them that if I presented them with a recorded copy of the affidavit that they would release the funds. I had it recorded, at my expense, which the law does not require, and which they had no right, by law, to ask me to record it, and they released the funds. I asked them to reimburse me for the recording fee and they refused. They clearly believed they had a right to supersede Idaho law and only complied, at my further expense, when confronted with a law suit.