Death of SDB owner..living in another state

Posted By: tryin2comply

Death of SDB owner..living in another state - 10/13/17 03:23 PM

Scenario: Customer has SDB in KY. However, customer has been living, and subsequently has died, in another state. The normal process would be to receive appointment papers or order to dispense for the accounts in question. The relative/lawyer of the deceased believes that the state law where the customer lived takes precedent over where the accounts are housed. Who would have jurisdiction in this type of situation? The Bank believes it would be where the accounts are housed, here in KY. We are investigating this currently, but were curious if anyone else had encountered this situation. Thanks for any info!
Posted By: rlcarey

Re: Death of SDB owner..living in another state - 10/13/17 04:50 PM

The State law that will apply to the safe deposit box will be the one that is printed in your SDB contract. Specifically what does your current contract say in the case that the renter dies??
Posted By: Elwood P. Dowd

Re: Death of SDB owner..living in another state - 10/13/17 06:43 PM

rlcarey is a always a good source of advice, certainly a better source of advice than a customer who wants you to do something. If the contract has a "choice of laws" provision, it may control.

If not, Kentucky law controls because the property is located in Kentucky.

If the decedent's personal representative is appointed in another state, he can establish an ancillary administration in Kentucky (complete with an order from a Kentucky court) to exercise control over the Kentucky property.

I'm not your lawyer any more than the customer is. Talk to someone who is.
Posted By: tryin2comply

Re: Death of SDB owner..living in another state - 10/13/17 07:01 PM

Our contract states the lease is governed by and subject to the laws of Kentucky. In regards to death of a renter, it states that we must receive notice in writing of the death of any lessee.
Posted By: tryin2comply

Re: Death of SDB owner..living in another state - 10/13/17 07:05 PM

Thank you both for your responses. We also thought that Kentucky law controls due to the property being in Kentucky. The "representative" is not appointed which has been another point of contention for us. We have stated repeatedly that we cannot simply provide access because they don't want to go through the process. Thanks again for being a sounding board!
Posted By: Elwood P. Dowd

Re: Death of SDB owner..living in another state - 10/16/17 01:18 PM

Quote:
We have stated repeatedly that we cannot simply provide access because they don't want to go through the process.


You've memorized the correct line. wink Feel free to add that the contents will eventually escheat to the Commonwealth if they don't do anything.