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.
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.
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?
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.
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.
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.
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.