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

Wed Apr 12 09:54:59 PDT 2017

I've had to do this a number of times.  It works well with the
establishment of the Probate and then a separate Motion and Order.  See
attached.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Wed, Apr 12, 2017 at 1:53 AM, Setareh Mahmoodi <
mahmoodi.setareh at gmail.com> wrote:

> Thanks Dalynne. I looked through those already, it was a great starting
> point. That website is quiet helpful!
>
> Setareh
>
> On Tue, Apr 11, 2017 at 5:13 PM, Dalynne Singleton <dalynne at glgmail.com>
> wrote:
>
>> I found instructions and sample motion & order on
>> http://www.wa-probate.com/Instructions/Opening/Access-Safety-Box.htm
>>
>> There is a petition and order provided by Richard Wills.  I have not had
>> to do this procedure so you will have to research the procedure but these
>> forms should get you started.  Last update was December 2008 so you need to
>> do your due diligence.
>>
>>
>>
>> *Dalynne Singleton*
>>
>>
>>
>> *Gourley Law Group*
>>
>> *Snohomish Escrow*
>>
>> *The Exchange Connection*
>>
>> 1002 10th Street / PO Box 1091
>>
>> Snohomish, WA 98291
>>
>>
>>
>> 360.568.5065 <(360)%20568-5065>
>>
>> 360.329.4079 <(360)%20329-4079>
>>
>> 360.568.8092 <(360)%20568-8092>  fax
>>
>> *dalynne at glgmail.com <dalynne at glgmail.com>*
>>
>>
>>
>> *LICENSED IN WASHINGTON AND OREGON*
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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:* Tuesday, April 11, 2017 4:53 PM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> *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>*
>>
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>> possible) *
>>
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>> <http://www.lawofficesofsm.com/>*
>>
>>
>>
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>
>
>
> --
>
> *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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