[WSBAPT] Petition to access safety deposit box

Tue Nov 1 16:56:32 PDT 2016

We were in Idaho dealing with an Idaho bank, so we didn’t have this statute
to help us.  However, the bank eventually came to the same conclusion.
This statute is right on point and should be dispositive.

Chris

*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *John Creahan
*Sent:* Tuesday, November 01, 2016 4:43 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Petition to access safety deposit box

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

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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

*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.
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*From:* 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>
*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

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prohibited.

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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

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 <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

[image: 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

Sara at longley-law.pro

www.longley-law.pro

This email is intended only for the individual to whom it is addressed and
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*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <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>
*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
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