Legal Question in Wills and Trusts in California
My brother committed suicide in Feb. �06. He left no will or instructions, was single & living with my other brother. A couple of days ago, my other brother received a bill from a bank addressed to my deceased brother for a safe deposit box. My brother and I want to know how may we access that box and do we need to pay the bank for the amount requested?
2 Answers from Attorneys
In order to access your deceased brother's safe deposit box you will have to get one (or both) of you appointed as the executor of his estate. With that Order, the bank will have to give you access to the box. If you don't have the key they can/will drill the lock but you will have to pay for that. As to the current payment, that is a debt of your brother's estate and not your personal obligation.
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You should first let the bank know that he is deceased. Second, depending on the amount of his estate, you may have to open a probate proceeding and have letters of administration issued. I suggest speaking to a probate attorney as soon as possible.