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#958916 - 05/14/08 03:14 PM Joint owner vs. personal rep
Tessie Offline
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Joined: Jan 2006
Posts: 155
We have a guy that passed away. His second wife is still alive and joint owner on his accounts. His son is Personal Rep. We have not seen the papers so we're not sure if he is personal rep for his dad only or for the family estate. The personal rep wants to get into his dad's safety deposit box. The wife's name is on the safety deposit box. Can the personal rep come in and get into the safety deposit box??

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#959234 - 05/14/08 08:21 PM Re: Joint owner vs. personal rep Tessie
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
An emphatic "no" unless he's with the current lessee, the widow. Your state law and/or the box lease should address who retains access to the box under a safe deposit box lease to two parties -- in most cases it will be the surviving lessee only.

If the Personal Representative cannot gain the cooperation of the surviving lessee, his only recourse is to get an order from the court. Presumably, his purpose is to review any property in the box and look for a will that might post-date any will that's already been discovered.
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