[WSBAPT] Ownership of Safe Deposit Box Contents

Mon Dec 11 14:50:55 PST 2017

Their position is like saying if real property in taken  in name of JTWROS  that upon the first death the survivor is the owner of all the personal property in the house or within the  improvements. Unless the agreement specifically covers the contents of the box and states that it includes them as well in the Joint Tenancy provisions it does not go to the survivor.

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Bryce H. Dille | Attorney at Law

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rebecca King
Sent: Monday, December 11, 2017 2:41 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Ownership of Safe Deposit Box Contents

Hi Chris,

Thanks for your input. The bank's position in my case is that the joint owner on the box is entitled to all of the contents. I cannot find any statutory or case law other than that which is quoted below stating that ownership of the contents is determined “according to rules of law.”  Would rules of law be probate law?  That seems to make the most sense.  But I would appreciate hearing from others if they have a different opinion (or the same opinion just to confirm my position).
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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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Chris Moore
Sent: Monday, December 11, 2017 11:53 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Ownership of Safe Deposit Box Contents

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
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*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> [mailto: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<mailto: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
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Office:  425.774.0444 | Fax: 425.771.2711
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www.adamslawgroupnw.com<http://www.adamslawgroupnw.com/>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

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