Legal Question in Wills and Trusts in Texas

I live in Ohio. My mother is elderly and lives in Texas. She has a safe deposit box that she keeps her important papers in. She has her will which I am executor and her life insurance policies in that box. My question, in the event of her death I have told her that even if I have the key to the safe deposit box I will not be able to enter it. Am I right? Aren�t there laws about safe deposit boxes and people that own them after their death? She says she will see about keeping the copy of her will at home. Will that be good enough to enter the box and get her life insurance policies out? Or will there be red tape involved? In the event of her passing I will be pressed for time since I live out of state with limited funds to extend my stay.

Thank you,

Hector from Ohio


Asked on 8/13/12, 8:34 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

With or without a will, you will need an order of the probate court to access a safe deposit box generally. If it were a local bank, perhaps you could confirm thei rpolicy OR find a bank which will not prevent access after death. Realistically bureaucracy at such institutions are more cumbersome than any government...so good luck

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Answered on 8/13/12, 9:25 am


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