Opening a bank's safe deposit box...

[Darth Nader]

So, sadly, doper Palikia, my mother, passed away a month or so ago. I've been taking care of loose ends since then, and I have really run into a killer mess. I've got the two keys to a deposit box at one of her banks. Said bank was easy about closing her account and giving me the $, but they will not open the box without a court order.

I have a stack of powers of atty, copies of her will (all to me), etc... I asked an officer of he small town I live in, and he suggested just showing up at the bank and calling if things got weird. The same town that has spent the last 10 years trying to pave over her still twitching body.

No. I'm not up for that.

[silenus]

A court order shouldn't be that hard to get. You've got all the paperwork already. Any judge ought to be able to accomodate you in about 5 minutes. Drop by the courthouse and ask.

[danceswithcats]

That sounds odd. When servicing bank equipment, I'd have to drill open SD boxes belonging to elders where no keys could be located. If memory serves correctly, the bank authorized the entry once a relative/attorney with a POA/death certificate arrived and paid the drilling fee. The contents were inventoried (presumably for tax purposes), and everyone signed the document. What would the bank do if the deed to the cemetery plot of the deceased was inside the box?

[DrDeth]

All I have ever needed was the death cert and the will. Ask them again why this isn't good enough. Send them a letter via Certified mail.

Note that an IRS agent may well be there at the opening.

[newcrasher]

FWIW your POA is only valid until the time of death.

[Gfactor]

This might help:

§ 36D. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX WITHOUT
COURT ORDER. (a) A person who possesses or controls a document
delivered by a decedent for safekeeping or who leases a safe deposit
box to a decedent may permit any of the following persons to examine
the document or the contents of the safe deposit box:
(1) the spouse of the decedent;
(2) a parent of the decedent;
(3) a descendant of the decedent who is at least 18 years
old; or
(4) a person named as executor of the decedent's estate in a
copy of a document that the person has and that appears to be a will
of the decedent.
(b) The examination shall be conducted in the presence of
the person who possesses or controls the document or who leases the
safe deposit box or, if the person is a corporation, an officer of
the corporation.

http://law.onecle.com/texas/probate/36D.00.html

Other relevant sections of the statute:

§ 36B. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX WITH
COURT ORDER. (a) A judge of a court having probate jurisdiction of
a decedent's estate may order a person to permit a court
representative named in the order to examine a decedent's documents
or safe deposit box if it is shown to the judge that:
(1) the person may possess or control the documents or that
the person leased the safe deposit box to the decedent; and
(2) the documents or safe deposit box may contain a will of
the decedent, a deed to a burial plot in which the decedent is to be
buried, or an insurance policy issued in the decedent's name and
payable to a beneficiary named in the policy.
(b) The court representative shall examine the decedent's
documents or safe deposit box in the presence of:
(1) the judge ordering the examination or an agent of the
judge; and
(2) the person who has possession or control of the
documents or who leased the safe deposit box or, if the person is a
corporation, an officer of the corporation or an agent of an
officer.

§ 36C. DELIVERY OF DOCUMENT WITH COURT ORDER. (a) A judge
who orders an examination by a court representative of a decedent's
documents or safe deposit box under Section 36B of this code may
order the person who possesses or controls the documents or who
leases the safe deposit box to permit the court representative to
take possession of the following documents:
(1) a will of the decedent;
(2) a deed to a burial plot in which the decedent is to be
buried; or
(3) an insurance policy issued in the decedent's name and
payable to a beneficiary named in the policy.
(b) The court representative shall deliver:
(1) the will to the clerk of a court that has probate
jurisdiction and that is located in the same county as the court of
the judge who ordered the examination;
(2) the burial plot deed to the person designated by the
judge in the order for the examination; or
(3) the insurance policy to a beneficiary named in the
policy.
(c) A court clerk to whom a will is delivered under
Subsection (b) of this section shall issue a receipt for the will to
the court representative who delivers it.

§ 36E. DELIVERY OF DOCUMENT WITHOUT COURT ORDER. (a) A
person who permits an examination of a decedent's document or safe
deposit box under Section 36D of this code may deliver:
(1) a document appearing to be the decedent's will to the
clerk of a court that has probate jurisdiction and that is located
in the county in which the decedent resided or to the person named
in the document as an executor of the decedent's estate;
(2) a document appearing to be a deed to a burial plot in
which the decedent is to be buried or appearing to give burial
instructions to the person making the examination; or
(3) a document appearing to be an insurance policy on the
decedent's life to a beneficiary named in the policy.
(b) A person who has leased a safe deposit box to the
decedent shall keep a copy of a document appearing to be a will that
the person delivers under Subsection (a) of this section. The
person shall keep the copy for four years after the day of delivery.
(c) A person may not deliver a document under Subsection (a)
of this section unless requested to do so by the person examining
the document and unless the person examining the document issues a
receipt for the document to the person who is to deliver it.

§ 36F. RESTRICTION ON REMOVAL OF CONTENTS OF SAFE DEPOSIT
BOX. A person may not remove the contents of a decedent's safe
deposit box except as provided by Section 36C or 36E of this code or
except as provided by another law.

[Fir na tine]

The Power of Attorney papers can be tossed in the trash. They expired when your mother passed away.

The bank doesn't know if the will is any good. There might be 5 or 10 different wills floating around.

In my state, I would bring the will to a Probate Court, and they would examine it and then appoint a Personal Representative for the Estate. The PR can then order the bank to open the box.

Terminology in your area may be slightly different but the bank doesn't want to be left holding an empty box when the real PR shows up.

My sympathies on the passing of your mother.

[JXJohns]

This is an example of why the advice my dad always gave (25 years in banking) was that Mom's stuff was kept in a box under dad's name, and vice versa. One of my dad's daily jobs was to read the local Obits and lock safe deposit boxes once someone died.

[ArmenE]

Originally Posted by JXJohns

This is an example of why the advice my dad always gave (25 years in banking) was that Mom's stuff was kept in a box under dad's name, and vice versa. One of my dad's daily jobs was to read the local Obits and lock safe deposit boxes once someone died.

Did you mean unlock or am I missing something?

[JustThinkin']

Originally Posted by newcrasher

FWIW your POA is only valid until the time of death.

Is that really true?? Is a "durable" POA different? Somebody fight my apparent ignorance.

[Gfactor]

Originally Posted by JustThinkin'

Is that really true?? Is a "durable" POA different? Somebody fight my apparent ignorance.

A durable POA survives incompetence and disability, but not death.

http://www.lectlaw.com/files/est06.htm

http://www.oag.state.ny.us/seniors/pwrat.html

[danceswithcats]

Originally Posted by ArmenE

Did you mean unlock or am I missing something?

By 'locking', I believe that JXJohns meant to 'flag' or otherwise make bank personnel aware that said box had restrictions to access.

[Northern Piper]

Originally Posted by JXJohns

This is an example of why the advice my dad always gave (25 years in banking) was that Mom's stuff was kept in a box under dad's name, and vice versa. One of my dad's daily jobs was to read the local Obits and lock safe deposit boxes once someone died.

Or you can have the box listed in both names. Some years ago, PiperDad made me a signatory on his safe deposit box. Of course, there is a strong element of trust involved - in some family situations, it may not be advisable to add any one else. YMMV.

[JXJohns]

Originally Posted by Northern Piper

Or you can have the box listed in both names. Some years ago, PiperDad made me a signatory on his safe deposit box. Of course, there is a strong element of trust involved - in some family situations, it may not be advisable to add any one else. YMMV.

You will need to check your state laws. In Iowa, that box would be locked up if the deceased was listed as an owner, regardless of whomever else was also named.

[Caffeine.addict]

My condolences on the death of your mother.

Stupid question perhaps, but are you the executor of her estate and have you been qualified or whatever the Texas equivalent is? Here, under statute, you can look in the safe deposit box prior to qualifying to get the will if it is there, but that's it. Once you have qualified as the personal representative (either executor or administrator depending on the circumstances).

As others have said, powers of attorney to the best of my knowledge, expire upon the death of the person granting the power. Durable means that it survives the person being declared incompetent.

For the account, were you listed as a beneficiary? This might be why they were so quick and easy to turn over the funds.