“My anxiety is that my sister may have placed our mother’s wedding rings, grandmother and great -grandmother and other family heritage in the safe deposit box.” (The theme of the photo is a model.) – Getty Images/Istockphoto
My sister and my husband died within one year. I am blessed that they have been predictable to have the will and living confidence, that as a heir to a guardian has made it much easier to release trust assets.
My sister had a safe deposit box at her bank. The safe deposit box is not referred to as personal property and is not part of the confidence. However, I had access to two other boxes for a safe deposit on behalf of my sister with her death certificate. My bank refused access to her business box, saying that this is not part of the Trust and is open in the name of her already non -existent business. The bank has suggested that it files for unscrupulous property in the country in which I reside.
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My Svetlik also had a check on his medical corporation. The bank said I would not be able to access the funds with its death certificate and trust documents. The Bank Council was the same as for my sister’s business safe deposit: file a claim to the country for abandoned property. Our trusted lawyer said the cost of access to access to a medical business verification account ($ 11,000) may not be worth it.
My anxiety is that my sister may have placed three generations of wedding rings and other family heritage in the safe deposit box. Will I have to bring a claim to the trial court to access the business for a safe deposit and a business verification account or wait?
California sister
Related: My mother gives out the jewelry to my late grandmother. Is it good to take a piece of her collection – and then sell it?
If your sister died before your son -in -law, his heirs will inherit their assets. – illustration of Marketwatch
There are three complications in your dilemma.
First, access to these safe deposit boxes can be complicated by the various rules of each bank and the fact that they can be in the name of the corporation, not by the individual. But if they are the only owner of the box, administrator or contractor of your sister and the son -in -law’s property will be able to access them with the correct documentation. Second, if your sister dies before your son -in -law, his heirs will inherit his assets.
Hire a lawyer for trust and real estate who has experience in this field. You accept the advice of a lawyer who has told you that they have no experience in this area. So if it is a hunt of treasure, you are already consciously going in the wrong direction. My answer is based on the assumption that your son -in -law died first, but two deaths and two cases of will within a year complicate the process and can take it for many more months.
If you have no key to your sister’s safe deposit box and are not the public administrator, you will need to receive letters from the trial court to access the box according to the advice received. (Although $ 11,000 sounds like a high fee.) If you have a key to the box and you were the contractor/administrator, you can access the safe deposit box free of charge without any of the above documentation. However, this is not the case here.
Neither you have the right to access the box or to claim the content, even if it contains family heritage “Safe Deposit boxes often have limited access after the owner’s death”, according to AARP. “When the person passes, the box is usually sealed until the probation process begins. This may lead to the fact that family members do not have immediate access to important documents such as wills, permanent power of attorney, insurance policies or medical directives.”
The bank makes its check, refusing access and ensuring that the contents of the box are not delivered to the wrong person; Once the content is available, it will be almost impossible to extract. “When the user hires a safe deposit box from a financial institution, the agreement between the countries controls the relationship,” says the R. Silverman group, which is based on Walnut Creek, California.
“The California Law provides that after the death of the box owner, the institution in which the box is located may deliver the content of certain defined people (including, but not limited to,” relative), if (a) the institution does not have a reason to believe that there is a dispute of the content of the content.
Turning a box into a canceling live confidence would help to avoid these problems. “If your living confidence is the owner of the box, your custodian of your names will have access to and control over the box when necessary and authorized by you,” adds R. Silverman. “The heir worshiper has a trusting obligation to retain, protect and distribute his property in accordance with your wishes, as stated in confidence.” But it wasn’t the case with these boxes.
The Federal Deposit Insurance Corporation advises consumers not to confuse boxes for a safe deposit with deposit accounts. The first is a storage space provided by the bank, “so content, including money, checks or other values, is not insured by FDIC deposit insurance if damaged or stolen,” says FDIC. “In addition, financial institutions do not usually provide the content of a safe deposit boxes.” Plus, they can be difficult to access if the owner dies.
Safe deposit boxes are best used to store important documents, not items such as a grandmother’s diamond ring, you need to put money into a check or savings account, where up to $ 250,000 at the expense are covered by FDIC insurance. Good box candidates “include originals of key documents such as birth certificates, property acts, car titles and American savings that have not been transformed into electronic securities,” says FDIC.
This problem must be solved by the executor of the mansion.
Related: “This woman destroyed my heart and soul”: After my wife died, her mother turned to me – and presented me a secret will
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