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

Tue Apr 11 19:42:25 PDT 2017

Yes, we tried that already with the bank manager and the bank's legal
department. We were even willing to settle for confirmation that the will
is in fact in the box before incurring the cost of getting an order opening
the box (i.e. the manager opening it in the presence of the son and/or his
wife) for confirmation that it's in there. A copy of the POA was presented
to the bank too, which named the son as agent. Bank rejected all.

Thanks,

Setareh

On Tue, Apr 11, 2017 at 6:25 PM, Joseph Carroll <jgcarroll at qwestoffice.net>
wrote:

> 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)%20928-2345>
> 509-928-2348 <(509)%20928-2348> fax
> *jgcarroll at qwestoffice.net <jgcarroll at qwestoffice.net> *
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
> sbarppt.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 <(206)%20683-1006> 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 <(425)%20806-1500>*
>
> *Cell: 206-683-1006 <(206)%20683-1006>*
>
> *Fax: 425-489-4142 <(425)%20489-4142> (Please email documents if at all
> possible) *
>
> *Website: **http://www.lawofficesofsm.com/
> <http://www.lawofficesofsm.com/>*
>
>
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-- 

Please always call 206-683-1006 <(206)%20683-1006> 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 <(425)%20806-1500>*

*Cell: 206-683-1006 <(206)%20683-1006>*

*Fax: 425-489-4142 <(425)%20489-4142> (Please email documents if at all
possible) *

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