[WSBAPT] Obtaining Order to Open Safe Deposit Box to get Will

[Joseph Carroll]

Have you checked with the bank to see if they have a policy to let you pull the will without a court order.  A few banks, (at least in the Spokane area) have such an internal policy.  Of course you have to follow the terms of the policy if you are lucky enough to have such a bank.

 

Joseph G. Carroll
Attorney at Law
Joseph G. Carroll, P.S.
12929 E. Sprague Ave., Suite 106
Spokane Valley, WA 99216
509-928-2345
509-928-2348 fax
jgcarroll at qwestoffice.net 


NOTICE 

This communication and the information contained within, along with any items attached as an enclosure, is PRIVILEGED AND CONFIDENTIAL. This communication is intended solely for the use of the individual(s) named above. If you are not one of the intended addressees or you believe you may have received this communication in error, the reader is hereby notified that any consideration, dissemination or duplication of this communication is STRICTLY PROHIBITED. In addition, you shall not print, copy, retransmit, disseminate or otherwise use this information in any form without first receiving specific written permission from the author of this communication. If you have received this communication in error, please reply to the sender indicating that fact and deleting this message from your system immediately.

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Setareh Mahmoodi
Sent: 04/11/2017 4:53 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Obtaining Order to Open Safe Deposit Box to get Will

 

Hello, 

I haven't had to get an order to open the safe deposit box of a decedent before. I just want to make sure I have the process and procedure down correctly. 

 

I plan on filing a petition under LCR 98.04(d) in King County to obtain a court order to open the box. Procedurally, this is an ex-parte matter and no notice is required, correct? Does anything else have to be filed at the same time? Do I need to open a probate and file the petition under the probate cause number or can it be a separate cause number? There most likely will be a probate, but we are not completely sure at this point and want to get the Will first. 

Can the son (who is the named PR in the Will supposedly) petition the court? Wife of the decedent (mother of son) is alive and would be the heir, however, she doesn't want to handle the financial matters and has signed a waiver of surviving spouse. Does this change the petition to open the safe deposit box in any way?

Any other words of wisdom or things to consider?

 

Thanks so much, 

 

Setareh 

-- 

Please always call 206-683-1006 or email before dropping by the office as I could be in court or meetings. Thanks! 

Best regards, 

 

Setareh Mahmoodi 

Attorney at Law 

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible) 

Website: http://www.lawofficesofsm.com/

 

CONFIDENTIALITY NOTICE: This email message and any attachments is a transmission from the law firm and is intended for the recipient only.  It may contain information that is confidential and legally protected by the attorney-client, work product and/or other privileges.  If you are not the designated or intended recipient, please destroy the message without disclosing any of its contents and notify us immediately by reply email or by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170411/26481b21/attachment.html>