Legal Question in Wills and Trusts in Florida
My mom and I are signers on the safe deposit box, she was primary and I am secondary. She passed away earlier this year. There is no will and no mention of the safe deposit box in her trust. The bank has told me I can legally remove her name from the box. If I remove her name can the trustee take legal action against me? Are the contents of the safe deposit box legally mine? Are there any statutes to support your answer? Thank you
2 Answers from Attorneys
While you may have access, the contents belong to the estate unless titled to another.
Really depends on the actual title for the account. If it is your mom and than you, the contents are likely hers and now belong to her Estate. You can remove the assets and keep them safe for those entitled to them through the Estate. is the trust filing a probate? you may need to provide them notice of the contents of the box. seek some legal advice with all your papers.
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