Legal Question in Wills and Trusts in New York
Joint Safe Deposit Box
My mother passed away in May, 2000. She died intestate. She had I jointly owned a safe deposit box. I went to the bank yesterday and was denied access. I was told to go to the Kings County Surrogate's Court to get a court order to open the box. Once I do this, will I be able to get my mother's name off of the account and put it in my name alone? The person at the bank could not give me much information. I don't want a court order just to examine the contents. I need to have access and ownership of the box. Almost 90% of the contents of the box belong to me and are papers that are in my name alone. I appreciate anything assistance that you can give me so that I may get this resolved. I have one sister and there are no other living relatives of my mother that may lay claim to anything in the box. Thank you for your assistance.
3 Answers from Attorneys
Re: Joint Safe Deposit Box
While you should not have been denied access as joint owner (unless 2 signatures were required), all you need to do is go to the Surrogate's Court and ask to be qualified as Administratrix of your mother's estate. This might be a little complicated depending upon the size of your mother's estate and if there are other children, but will be done. With the appointment issued by the Surrogate you will be given access to the box. Afterwards you can register the box in your own name.
Re: Joint Safe Deposit Box
At this stage only a court appointed Administrator can remove the contents.
Re: Joint Safe Deposit Box
Dear sir or madam:
You will have to petition for letters of administration and obtain a court order to open the safe deposit box. Then you can open a separate safe deposit box in your name.
Contact my office by email ([email protected]) or by phone if you need further assistance.
Sincerely,
Anthony S. Park
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