[WSBAPT] Access to decedent's safe deposit box

[Eric Nelsen]

On the sd box, I don't have an answer for you, sorry.

On residence/domicile - I'd say he is domiciled in Washington, residing in Oregon:  "'Residence' indicates where a person lives while 'domicile' signifies the place where a person intends a fixed and permanent home." In Re Estate of Tolson, 89 Wn.App. 21, 36, 947 P.2d 1242 (1997). Typically the "primary" probate is opened in the state of domicile.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jon Fritzler
Sent: Monday, December 19, 2016 2:57 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Access to decedent's safe deposit box

Wise listservees,
I represent the adult son of a decedent who was living in Portland, OR, when he died but had a safe deposit box at a bank in Cowlitz County, WA, and owned a house and other real property in Lewis County, WA.  Based on statements his father made, my client believes his father's will and/or living trust is in the safe deposit box but cannot gain access to the box because it is in his father's name only. My client does not know if he is named as personal representative and/or successor trustee. I know in King County there is a local court rule that allows a person to petition the court for an order to have a safe deposit box opened without the person first being appointed as a special administrator or personal representative (LCR 98.04(d)).  Does anyone know if this is also an option in Cowlitz County or Lewis County? I checked the local court rules and neither Cowlitz County nor Lewis County have a local rule like the King County's.

Also, the decedent moved from Toledo, WA, to Portland in 2013 but intended to move back to Toledo after his house in Toledo was remodeled. However, his health deteriorated after he moved to Portland and he never really started remodeling his home in Toledo before his death in July 2016. Where did he "reside" at the time of his death: Washington based on his intention to return there or Oregon because he lived there for several years prior to his death?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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