Legal Question in Wills and Trusts in Massachusetts
Widow's rights
if a husband has a safety deposit box at a bank and wife is not listed, upon his death can she show a death certificaie and enter the box?
2 Answers from Attorneys
Re: Widow's rights
If you are not on the signature card authorizing access to the box, the answer will usually be "no." You will either need a Probate Court order directing the bank to open the box or be appointed as the administrator or executor of the estate. This is the reason why I encourage my clients to have a trusted person as an additional signatory to the safety deposit box and to leave instructions for that person about where to find the key.
Please feel free to contract me if you would like assistance with estate administration issues.
Re: Widow's rights
Not unless she is the executrix of her husband's will or administratrix of his estate. Typically, only a court-appointed fiduciary can enter the box.
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