Legal Question in Wills and Trusts in California

Safety Deposit Box

California law regarding how one gains entry to a safety deposit box after box's owner passes away? My friend's mother worked for a bank where boxes were. After she died, the son went to bank and because they knew him, they allowed him access to the boxes even though he had no keys. He was allowed to bring a locksmith to break into boxes. No one supervised this and he claimed the boxes were empty. Is this legal and does my friend have a case against the bank for allowing it to happen?


Asked on 4/23/08, 2:48 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Safety Deposit Box

Asked and answered inthe earlier post.

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Answered on 4/24/08, 12:45 pm
Frankie Woo Fiducia Legal

Re: Safety Deposit Box

Does he have signatory authority? If he does, he can get access even without a key. If not, did he show them other documentation.

The problem is that nobody knows the contents of the safety deposit box, so it would be very difficult to prove damages even if you were to win any tort case based on negligence. Also, how do you know noone supervised him? You weren't there, were you?

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Answered on 4/23/08, 3:07 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Safety Deposit Box

Since your friend was not injured, I don't think she has a cause of action against the bank. The other part of your question was answered above.

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Answered on 4/23/08, 4:43 pm


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