QUESTION
Do I have the right to open the deposit box for I am my mother's executor?
Asked on Apr 10th, 2014 on Estate Planning - Ohio
More details to this question:
I came across my mother's safe deposit key in her belongings (she passed 2 years ago) that she had shared with her mother and sister.
12 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Yes, you'll have to give the bank a copy of your letters of authority.
Answered on Apr 15th, 2014 at 9:25 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Try it. The bank may want some type of verification, such as your mother's death certificate and your identification.
Answered on Apr 15th, 2014 at 9:25 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
That depends. Have you been appointed as personal representative by the probate court? If YES, then you DO have the right to access the box. If you have not been appointed by the court, then you need to get permission from the probate court to search the box. You can only remove deeds to burial plots or Wills found there. You can, however, determine if there are other assets that would need to be probated. If you have opened an estate, the bank will allow you access to the box once you show them your Letters of Authority.
Answered on Apr 15th, 2014 at 9:25 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Are you saying that probate is still open two years after your mother passed? In order to have the rights of a personal representative, you have to submit your mother's will to probate.
Answered on Apr 15th, 2014 at 9:25 PM
If the estate is still open, you, as executor, still have the authority to open the box. However, since it is co-leased by others, they should be made aware of your intentions and be present at the time you open the box. That way there can be no complaints that you removed their possessions as well as your mother's.
Answered on Apr 15th, 2014 at 9:25 PM
3 Awards
Possibly, if state law gives you that authority as a court appointed executor. However, you will want it to be witnessed an inventoried since there are other owners. The should be present if possible. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 15th, 2014 at 9:25 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Safe deposit boxes have annual payments. Who has been paying the fee? As the nominal executor you are obligated to investigate the safe deposit box to determine if any estate assets exist. If a probate was opened and is now closed you could reopen the probate to obtain the authority to open the safe deposit box. There is also a statutory procedure whereby the financial institution can allow you as the executor named in the Will to view the contents of the safe deposit box.
Answered on Apr 15th, 2014 at 9:25 PM
2 Awards
Per the Florida Probate Code you may access the contents of your mother's safety deposit box if certain requirements are met such as having a copy of the death certificate and witnesses to your access. There are also additional steps that must be taken to inventory the contents of the box after gaining access to the same. You really should consult with a probate attorney in your area to ensure that everything is done right.
Answered on Apr 15th, 2014 at 9:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Most probably yes, and depending on what the situation is I would most probably do that with a witness to allow you to inventory the contents of the box. If there is any dissension about the amount of or district distribution of your mother's estate the witness is mandatory.
Answered on Apr 15th, 2014 at 9:25 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
If you have been appointed personal representative of her estate by a probate court you have the right to open it.
Answered on Apr 15th, 2014 at 9:25 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Yes, as long as you opened a probate estate and have been appointed executor, it is your obligation to find your mother's property.
Answered on Apr 15th, 2014 at 9:25 PM
2 Awards
If you are a court appointed executor, yes you have the right to open it. The bank will need to see Certified Letters in order to let you in.
Answered on Apr 15th, 2014 at 9:25 PM