[WSBAPT] Petition to access safety deposit box

Tue Nov 1 16:43:24 PDT 2016

Hi Chris,
I haven’t dealt with this issue, but it appears that the bank was on pretty shaky ground:
RCW 11.02.130
Safe deposit repository—Lease provision ineffective to create joint tenancy or transfer at one lessee's death.
A provision in a lease of a safety deposit repository to the effect that two or more persons have access to the repository, or that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee, is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. Ownership of the contents of the repository and devolution of title to those contents is determined according to rules of law without regard to the lease provisions.

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Chris Moore
Sent: Tuesday, November 1, 2016 3:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Petition to access safety deposit box

The last time I attempted to get into a safe deposit box in a similar manner, the bank refused access stating that the box was opened by the decedent and another person as a ‘joint’ account.  The bank refused to grant me access in spite of the court order and refused to tell me who the ‘joint’ owner was saying that the account was like a joint tenancy with right of survivorship.  A few days later while the bank’s legal department mulled over what they wanted to do, the bank manager relented and gave me the name of the co-owner of the box.  Fortunately, co-owner was cooperative and went to the bank with me to inventory the box.  We found a lot of paperwork, but no Will.  I don’t know how the order could be modified to accommodate this situation.
Sincerely,

Chris J. Moore
Christopher J. Moore, JD, CPA (Inactive), AEP®, EPLS*
Creason, Moore, Dokken & Geidl, PLLC
Lawyers
1219 Idaho Street, POB 835
Lewiston, Idaho 83501-0835
Phone: 208-743-1516; Fax: 208-746-2231
Website: www.cmd-law.com<http://www.cmd-law.com/>

*Certified as an Estate Planning Law Specialist by the Estate Law Specialist Board, Inc., the only estate planning certification entity approved by both the American Bar Association and the Idaho State Bar Association.
_______________________________________________
-- Note -- The information contained in this e-mail transmission is confidential and may also be a legally privileged communication. This information is intended for the exclusive and private use of the addressee(s). If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking any action because of this information is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately. Thank you.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Chad Horner
Sent: Tuesday, November 01, 2016 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Petition to access safety deposit box

You may also want to include the following language in your order in case you get to the bank and your key doesn’t work (or if you have no key). The bank will want language to address this problem if it arises.

“If there is no key available to open the safe deposit box, the Bank will permit the safe deposit box to be drilled into and opened, and all the contents provided to _____________, counsel for Petitioner.”
Chad Horner
CURRAN LAW FIRM
555 West Smith Street
Kent, WA 98032
T 253 852 2345
F 253 859 8037
CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL transmission is confidential. It may also be subject to the attorney-client privilege or be privileged work product or proprietary information. This information is intended for the exclusive use of the addressee(s). If you are not the intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressee(s)), copying or taking of any action because of this information is strictly prohibited.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, November 01, 2016 2:38 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Petition to access safety deposit box

This is exactly how I handled  the two cases in which this occurred.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Tuesday, November 01, 2016 2:04 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Petition to access safety deposit box

Hello Christopher,

I have actually never had to get a court’s permission to access a safety deposit box to retrieve a will.  With that being said, my understanding is that you would file a probate petition, reciting the facts that the testator died testate but that the original will is missing and believed to be in the safety deposit box.  Include in the probate petition the request for an order to open the safety deposit box.  Once the will is obtained, file it into the existing probate matter and then proceed with appointing the named PR, etc.

Best of luck,
Sara

[cid:image001.jpg at 01D1F8A6.19C81E60]
Sara D. Longley, J.D., LL.M.
Attorney at Law

1734 NW Market Street
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
Sara at longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://www.longley-law.pro/>

This email is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure.  If you have received this message in error, please inform the sender by telephone or reply email and delete this message and all attachments.  Thank you.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Tuesday, November 1, 2016 1:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Petition to access safety deposit box

Friends:

Have a client who's father died with his will in his safety deposit box (not married). I've read the rule re Order for Production of Wills and have drafted a petition and order to have the box opened to see if the will is in fact there.

A couple of questions I have:

1. Is this filed like a petition for probate?

2. If the will is then probated, will there be two separate filing fees or would you just file under the case number established by the petition to open the box?

3. Anything else I should know that's out of the ordinary for any of you that have done this before?

Thank you!

Cheers,

Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St., Suite 227
Kirkland, WA 98033
206.659.1512
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161101/e00c25fd/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 755 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161101/e00c25fd/image002.jpg>