[WSBAPT] Ownership of Safe Deposit Box Contents

Mon Dec 11 11:53:25 PST 2017

I am not able to provide a legal analysis, but I will share an experience
from Idaho.  The decedent added a friend as a signatory party to his safe
deposit box.  Upon death, the bank refused to allow the PR access to the
box claiming that the friend now owned the contents as the joint owner with
right of survivorship, just like any other bank account.  Since it was
believed that the original will and other important paperwork were in the
box, we were able to obtain a court order to access the box for the sole
purpose of retrieving the Will.  In the meantime we contacted trust
officer/lawyers who worked for the bank.  They immediately recognized the
problem.  If memory serves, they were able to access the contract signed
for the box rental and found terms in the contract that refuted the bank’s
position that the box and contents were JTWROS property.  However, the PR
was finally able to locate the friend who was very cooperative and gave him
access to the box, which precluded any further legal inquiry.

It makes no sense that the contents of a safe deposit box are JTWROS.  Does
an original Will, the titles to vehicles, the deeds to real property, birth
certificates, and marriage certificates (the usual contents of a box)
become the property of a joint holder of the box?  Ownership must be based
upon the intent of the decedent as demonstrated in some fashion other than
simply adding a person as a signatory on the box for convenience.

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 *Kokie Adams
*Sent:* Monday, December 11, 2017 11:25 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Ownership of Safe Deposit Box Contents

Please reply to the list because many of my clients list a child or other
person on a box so that person can gain access after death – but not for
ownership.

*Kokie Adams*

[image: Adams-Logo-Print-300dpi-900wide]

*Office:  *425.774.0444 *| Fax: 425.771.2711*

kokie at adamslawgroupnw.com

www.adamslawgroupnw.com

*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>]
*On Behalf Of *Rebecca King
*Sent:* Monday, December 11, 2017 10:52 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

*PLEASE NOTE: Our new address is 2150 N. 107th Street, Suite 501, Seattle,
WA 98133*

*Northwest Elder Law Group*

2150 N. 107th Street, Suite 501

Seattle, WA 98133

Main: (206) 937-6102

Direct: (206) 866-6544

Fax: (206) 830-9326

*Providing Services in Elder Law*

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