Legal Question in Wills and Trusts in California
My father died about 4 years ago. Most of his assets were in the form of a living trust which I am both the successor trustee and the beneficiary. I located the key to his safe deposit box and attempted to access it at the branch of the bank that has taken over the saving and loan which previously maintained the safe deposit box. I was told that the copy of the trust (which named me successor trustee), the safe deposit key, and notarized copy of his death certificate were not sufficient. They indicated that I would also need a "probate form" to obtain access. Do you know what form they meant? They seemed to be unable to articulate the specific form needed.
1 Answer from Attorneys
The bank is incorrect. They are requesting "letters testimentary" which is part of Probate. Because there was a trust, there will be no probate. This needs to be properly explained to the bank. It may be in your best interests to have an attorney provide this explination to them.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
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