Hawaii Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

State:
Multi-State
Control #:
US-01445BG
Format:
Word; 
Rich Text
Instant download

Description

This order goes along with a petition for an order to open a safe deposit box of a decedent. Whether your will should be in a safe deposit box at a bank or elsewhere, such as with your attorney, depends on what your state law says about who has access to your safe deposit box when you die. The recent trend in many states is to make it relatively easy for family members or the executor to remove the will and certain other documents (such as life insurance policies and burial instructions) from a deceased person's safe deposit box. In those states, it might be a good idea to leave your will in the safe deposit box. However, in some states, it may require a court order to remove the will, which can take time and money.

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FAQ

A safe deposit box may be owned as an individual or jointly. You may want to own one with your spouse, children, or a close family member. During your lifetime, your safe deposit box can be accessed by you, a joint owner, or a Deputy designee.

If the signers are spouses and the contents are considered their community property, the survivor likely owns the contents. However, for joint signers who are not spouses, whether or not the survivor owns the contents is unclear.

After the separation gets nasty, one spouse could simply access the safe, take the money, and then deny the money was ever there in the first place. Unlike your local bank, a safety deposit box does not make records of who accessed the money and when.

Most banks who offer safety boxes offer to lease them in joint tenancy form, with their lease provisions providing that all the joint tenants have: Not only access to the contents of the box regardless of whether any of them has died. But also the right to remove its contents.

You cannot pass a safe deposit box key to anyone. Only the owner of the safe deposit box has legal access to it. The bank will not allow this at all. You must sign a record of entry, date and time.

A person can place just about anything that will fit in a safe deposit box in one. Holders of these boxes are granted complete privacy by the financial institutions where they're located. Someone could store cash, jewelry and other valuables, savings bonds, deeds to property and information about an inheritance there.

Can a safety deposit box be traced? Yes, this can happen only on rare occasions when a safety deposit box owner is suspected of a crime or dies. A safe deposit box is an essential feature in everyone's financial life.

You'll be left alone in private in the vault when you use your safety deposit box. As such, the bank won't know what you put inside your safety deposit box. Banks also won't vet your items which is another reason why safety deposit boxes aren't insured. The bank doesn't even know what valuables are kept inside.

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Hawaii Order Authorizing Petitioner to Open Safe Deposit Box of Decedent