QUESTION
Is what the other attorney said true or do I have reason to retain an attorney to get the contents back?
Asked on Aug 07th, 2013 on Estate Planning - Delaware
More details to this question:
Before my grandpa passed away, he had me sign as a co-renter on his 2 safe deposit boxes. I was told that when he did pass I could take the contents of the boxes for my family and I to use for being out of town and off work. Once he passed the personal representative took possession of the keys to the boxes and retained an attorney who said I don't have ownership of the contents and they go into the estate for probate. I'm just confused because I was told by the banks attorneys that I do have ownership of the box and contents since I am a surviving lessee and I have first priority to access the box.
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If any of the contents were co-owned by him and another person, the other person is entitled to the property. You will have to go through probate court to determine if you are entitled to any property.
Answered on Aug 16th, 2013 at 1:33 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like you are going to need to retain an attorney. I think you have an interesting question, and I could not give you an answer, without some additional research. It may depend on the agreement that was signed when the box was opened. It is worth hiring an attorney to pursue this, if the contents of the box were valuable. This was not a very good estate planning tool, in any event. Your grandfather should have made clear in his Will that the contents of the box were to go to you.
Answered on Aug 16th, 2013 at 1:33 AM
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It is hard to say without reviewing the documents. You may need to litigate the issue in the probate court. I urge you speak with an attorney soon as time may be ticking to commence litigation in the Estate.
Answered on Aug 16th, 2013 at 1:33 AM
Yes, you should engage an attorney to find out your rights. IF you are named on the box as co-tenant, depending on how it is titled, you either own all the contents of the box or half. IF you are not co-tenant, then you do not own contents unless there was some beneficiary designation to the box. You need to employ an attorney to find out what your ownership rights are.
Answered on Aug 16th, 2013 at 1:33 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Looks like you will need to obtain a probate litigation attorney to represent you in probate litigation against the administrator of the estate, as the bank is correct, you are a co lease of the boxes, and are entitle to the contents. Question, why didn't you have a copy of the keys to the boxes?
Answered on Aug 16th, 2013 at 1:33 AM
2 Awards
The bank is probably correct. if it was joint you should get it.
Answered on Aug 16th, 2013 at 1:33 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you would be entitled to the contents of the box.
Answered on Aug 16th, 2013 at 1:32 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get an attorney. A case can be made for either position and it will depend on the facts.
Answered on Aug 16th, 2013 at 1:32 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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If what is in the box is valuable, I would fight about that.
Answered on Aug 16th, 2013 at 1:32 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your grandfather, by making you a joint owner of the boxes, and by giving you the keys (tell me he gave you a key) was making you a gift of the contents of the boxes IF he intended to make a gift of those things to you. If he kept part ownership of the box, and his own key, this argues against you. It would not be OK for him to try to make a testamentary gift this way (you can have this when I die). It had to be a current gift. So it's a tough argument, and comes down to "what's it worth to you?" If there was a lot of gold in the boxes, diamonds, the treasures of Scheherazade, then hire an attorney and take your best shot. If grandfather meant for you to have those things, his wishes should be respected. If there's not dollar value in the things, if you can't afford the attorney fees to take a run at the estate, then you may simply have to take your lumps. One last thing: people should write a will that says what they mean. That's the best estate plan.
Answered on Aug 16th, 2013 at 1:32 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You should have ownership rights as a joint owner, however, the executor may be claiming he listed you as co-owner for convenience only and you did not contribute to anything, cash, in the box. Case law is split whether that is true or whether as joint owner you own by operation of law.
Answered on Aug 16th, 2013 at 1:32 AM
You should consult an attorney to review all of the facts and determine if bringing a motion is warranted under your facts.
Answered on Aug 16th, 2013 at 1:32 AM