QUESTION

I need to know all possible options.

Asked on May 22nd, 2019 on Litigation - California
More details to this question:
15 to 20 years ago I used to live in California. I was undocumented and I managed to open a bank account under the name that I was using at that time. I rented then two safe deposit boxes in this bank and I kept money inside (2005). I ended being deported but my bank account with the rented safe deposit boxes remained opened and from outside of the US I have managed to keep them opened using online banking features. I cannot return to the US, so I would like to know what should I do with this account and boxes, and well I would like to know all of the options that I have to recover the contents of these safe deposit boxes (I have the keys, the signature on the agreement is made by me and I know everything on this account, except that I do not have an id with the name used in the account). Thank you.
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1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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Is it correct that you opened your safe deposit box using an alias and now you don't have ID for that name?  If that is the case, you may have a serious problem unless you applied for the box with a joint box holder who can legitimately access the box.  Assuming that is not the case, procedures for accessing a safe deposit box vary from bank to bank.  Some will require you to show ID.  Some may just require you to sign an admission form which is then verified against the signature on file when you opened the box.  You should read your box contract, if you still have it, for further guidance.  It may be possible to create a limited power of attorney to enter the safe deposit box, but your lack of ID and the difference in names would pose a problem with that as well, even assuming the bank in question would honor a power of attorney. Beyond these concerns, your decision to put "money" inside a safe deposit box was unwise.  For one thing, if this money was from earnings, you may owe federal and state taxes and, after so much time has now passed, potentially substantial penalties and interest.  If the money you put in the box was from illegal transactions, then law enforcement and the Dept. of Homeland Security can get involved if they determine there is "suspicious activity" concerning the box as reported by the bank.  I am hesitant to advise you further in this regard because I do not practice tax or criminal law, but I think you should consult with a tax and criminal lawyer.  It may also be a crime to open a safety deposit box at a bank using an alias.
Answered on May 28th, 2019 at 8:56 AM

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