[WSBAPT] access to Safe Deposit Box

[Jim Doran]

Yes, you will need Letters Testamentary and an Order allowing the PR to
access the safe deposit box.  Be sure to put in the Order that the person
can take the items from the Safe Deposit Box and close the box, if so
desired.  Be very clear with everything you want to have happen or the bank
will stymie you every step of the way.  If it is Bank of America, you may
want to put in contempt language into the order.  Like, if the bank doesn't
comply within 10 days then the Court will find them in contempt and order
the bank to pay your attorney's fees to to the work beyond what would
ordinarily be expected.  Bank of America is notorious for causing problems
and there doesn't seem to be any recourse; thus the contempt and attorney's
fees language.

Good luck.

Jim


James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Sat, Dec 5, 2015 at 5:01 PM, Mike Winslow <mike at winslegal.com> wrote:

> Have client whose mother just passed away, leaving a small bank account
> with POD to child and a safe deposit box. No family member has access to
> box.
>
> Probate desk book seems to imply that the Affidavit of Successor can be
> used to access a  box.
>
> Banker is telling client they must have Letters Testamentary (may be the
> usual line, or maybe some banks have such a policy). Don’t have detail on
> which bank yet.
>
>
>
> Anyone with experience on this situation?
>
>
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com
>
>
>
> This message is from an attorney, so it’s confidential. If you are not the
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>
>
>
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