Deceased Mountaineer’s Daughter Files Federal Lawsuit Against Wells Fargo

HOUSTON - June 4, 2015 - PRLog -- The daughter of a storied mountaineer killed in an avalanche has filed a federal lawsuit against San Francisco-based banking and financial services holding company Wells Fargo Bank, N.A., claiming that the company misappropriated funds.

According to plaintiff Sequoia Di Angelo, following the 2013 death of her father, New Zealand-American mountain climber and guide Martin Walter Schmidt, in an avalanche on the world’s second highest mountain, K2, she went to her father’s bank to close his account.

She was told by staff at the Wells Fargo branch at 3803 Westheimer Rd. in

Houston that to access and close her father’s account, she would need to provide a death certificate and copy of the will.

“I asked if anyone else could touch the account and if she could note on the account that I came in and I am putting a claim on the account,” Di Angelo said. “The bank manager said ‘there is no co-signer on the account. No one can access this account without a will and copy of the death certificate.’"

In October, 2013, Di Angelo returned to the same Wells Fargo branch and provided the bank manager with a copy of the will showing that the funds in her father’s american bank accounts were will to her and her brother. According to Di Angelo, the bank manager said that the account had already been emptied and the funds given to Schmidt’s second wife, Giovannina Cantale, a third party defendant in the case.

Following much delay, Wells Fargo responded saying that they were in no way responsible for appropriation of funds.

In November of 2013, Di Angelo retained attorney Andrew B. Bender of the Houston-based firm Bender Law. A lawsuit was filed in July of 2014.

“Although it is beyond dispute that Mr. Schmidt intended for his money to go to his children, the facts indicate that Wells Fargo paid someone else—despite having actual knowledge of a superior claim” said Di Angelo's attorney Andrew Bender.  “As a society, we deserve better and such conduct should not be tolerated.”

Wells Fargo filed for summary judgement on June 1 of this year.

United States Federal Judge David Hittner will preside over the case, which will be tried at Texas Southern District Court in Harris County (Case #4:14-cv-02092).