Liberty Bank sued over challenge to CD inheritance

A woman claim Liberty Bank refuses to give her more than $150,000 she inherited following a death.

Anna Marie Hert filed a lawsuit March 5 in Madison County Circuit Court against the bank and the estate of Robert J. Garrett.

In her complaint, Hert alleges Garrett left her a Certificate of Deposit that was supposed to be paid to her upon his death.

On March 15, 2011, Garrett died. Following Garrett’s death, Hert attempted to collect the $151,220.59 she says she is owed, according to the complaint. However, Liberty Bank refuses to release the funds, the suit states.

“It is believed that Liberty Bank either lost or misplaced the signature card which would show the Change in File Maintenance designating the Certificate of Deposit to be payable on death to Anna Hert or that defendant Liberty Bank failed to direct Robert J. Garrett to sign a new signature card on or about June 8, 2009, when he made the above amendment to the Certificate of Deposit,” the complaint says.

Originally, the signature card had been signed on a Sunday, but needed to be amended on a Monday during regular banking hours, Hert claims.

In addition, the estate of Robert J. Garrett’s trust are fighting Hert for the money, saying it should be paid to the administrator of Hert’s estate, the complaint says.

Hert accuses Liberty Bank of negligence, saying it failed to obtain a signature card from Garrett and failed to safely keep the signature card on file.

In her two-count complaint, Hert seeks a judgment of more than $100,000, plus costs. She also wants the court to enter an order confirming the title of the Certificate of Deposit to her and that it be free of the claims from Garrett’s estate.

Jane Unsell of Unsell and Schattnik in Wood River will be representing her.

Madison County Circuit Court case number: 13-L-365.