[WSBAPT] Ownership of Safe Deposit Box Contents

[Dalynne Singleton]

Please share responses as I have an estates  son who was on safe deposit box which had diamonds of his father and he now claims the diamonds are his.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Rebecca King <rebecca at nwelg.com>
Sent: Monday, December 11, 2017 10:51:40 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Ownership of Safe Deposit Box Contents

I have a case where the PR (non-spouse) owned a safe deposit box jointly with the decedent.  The bank has told the PR that the contents of the safety deposit box are now owned by the PR.  That seems to contradict RCW 11.02.130 which states:
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.

Are the contents of a jointly held safe deposit box property of the estate, assuming the contents were all owned by the decedent at the time they were placed in the box?  I box I could find no case law on this matter and was wondering what the experience of the listserve has been with ownership of safe deposit box contents.

Thank you!

Rebecca King
Attorney

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