Legal Question in Wills and Trusts in Arkansas
Probate and the opening of bank lockbox
What are the steps to open a lockbox that is in a bank? My mother died and the lockbox is in her name only. The only items in it or POD cd's. The executor who is a sibling thinks that this has to remain closed until a 6 month period. Is this so or can the executor open it?
3 Answers from Attorneys
This is a tough one
Call the bank and ask them.
Opening the Lock Box
The Executor must open the box and make an inventory of its contents immediately. There is no need whatsoever to wait to do this.
The executor certainly ought NOT wait 6 months; sibling is way wrong.
At least that'd be how it is in Massachusetts!
In Mass., I'd say, sibling should get papers from the court appointing him/her temporary or permanent executor (after showing the court a copy of the will) and get a document (called "letters" or "letters testamentary") to bring to the bank. Bank will open the box -- best if you are there at the same time. Contents will become part of the probate inventory and/or the federal estate tax "gross estate" inventory. (POD assets are usually NOT part of the probate estate -- not on the inventory you give to the court -- but ARE in the gross federal estate, on the form 706 tax return you may be required to file by the 9 month anniversary of your mother's death.) However, I've gone into too much detail and you should consult your own lawyer who will be more accurate and can be held responsible for any information given you -- I can't and won't and disavow any knowledge of this reply!
(Seriously, I'm not your attorney and I really honestly don't know the law of AR so I can easily be mistaken and you must not rely upon my say-so for anything!)
Good luck.