[WSBAPT] Will in safe deposit box

[Rebecca King]

Steve,

Go to this website: https://www.probate-form.com/bformlist-cat/ The form regarding retrieving the Will from a safe deposit box is in the middle of the page.  I agree with Tom that you should consider having representation here.  There are plenty of minefields with the attorney serving as PR including whether the attorney got proper informed consent to name themselves in the document – see RPC 1.8, Comment 8.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544

Providing Services in Elder Law

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Monday, June 15, 2020 3:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Will in safe deposit box

Steve,

I don’t have that form, but I would suggest at minimum you consider having someone else represent you as your attorney serving as the PR. Just a thought.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

[cid:image002.jpg at 01D6432B.55E36930]

Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington  98502

Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com<mailto:tjw at buddbaylaw.com>
Skype: thomas.westbrook
www.buddbaylaw.com<http://www.buddbaylaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of steve mcconnell
Sent: Monday, June 15, 2020 12:39 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will in safe deposit box

A colleague drafted a Will for an elderly gentleman who was estranged from his family and had no one to serve as his personal representative. I was asked to serve and I agreed to do so. I have now learned that the gentleman may have died as far back as two months ago but that his body was only recently found in his condominium. The King County coroner is currently conducting an autopsy.

I do not have the original or a signed copy of his Will. Rather, I only have an unsigned conformed copy. We believe that his will is either in a safety deposit box at a local Bank of America branch or in the locked storage area in his condominium building. I do not, however, have the key to either the box or the storage area. If anyone has a form motion and order that I can crib from granting me the authority to access the safe deposit box and/or the storage area and directing the bank and/or condominium manager to provide me with access I would very much appreciate it if you would provide that to me. Also, any suggestion as to how I can initiate a proceeding so that I can bring my motion without first petitioning for probate would be greatly appreciated as well.

Thanks in advance.


Steven M. McConnell
Attorney at Law
144 Railroad Ave., Suite 308
Edmonds, WA  98020-4100
Tel:  (206) 783-0201
Fax: (206) 789-5199
Email:  smcconnelllaw at hotmail.com<mailto:smcconnelllaw at hotmail.com>

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