Legal Question in Wills and Trusts in Florida

Re: Revocable Trust & Safe Deposit Box with Assets

You need to go to an attorney and have them either file a petition to enter safe deposit box; the judge will sign the order authorizing you to enter the safe deposit box, probably in the presence of a bank officer, or have you appointed personal representative, and the bank will then be happy. I know, it seems odd that with all the stuff in the trust, the bank wants something signed by the judge, but this is the problem; just because the trust might allow you in doesn't mean the bank is going to let you in; it is up to the bank to decide if they want to honor something in the trust, and if the bank wants something signed by a judge, the simplest thing to do is get something signed by a judge. The bank wants something signed by a judge to cover their you-know-what, just get them something. You can't fight city hall, and it's probably not worth fighting the bank. Call a probate attorney in Florida they can figure out the details.

Re: Revocable Trust & Safe Deposit Box with Assets

Banks are very restrictive, even when a trust is in place that might give the trustee a lot of authority. You will need to seek a court order to open the safety deposit box AND retrieve the contents.

Re: Revocable Trust & Safe Deposit Box with Assets

My firm specializes in this area of law, and we practice in your community!! If you need assistance e-mail us at [email protected].

Re: Revocable Trust & Safe Deposit Box with Assets

I am going to assume that you are the trustee of a trust set up in Florida by someone who was a resident of Ohio when they died. True? If not You will need to provide more information.

If the person who died had assets outside of the trust that required that an estate be opened, the executor or administrator of the estate would have the authority to get into the box. If you believe that there are trust assets in the box and do not have confidence in the administrator of the estate then you would have to go to the Probate Court Judge for some help. An attorney would be helpful for this part.

What is the item that is in the box? If it is a document such as an insurance policy or a deed then you should be able to get a copy of it and not have to worry about the box. If it is a unique item such as jewlery or even cash then you will have no choice. Either deal with the estate or the Probate Court.

I am licensed in both Florida and Ohio and perhaps give you more information if you want to call and talk to me directly. No cost or obligation for the initial call!

Good Luck!

DHD