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Son of Deceased Enter SD Box as Executor?

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Question: 
We have a safe deposit box rented to customer and his wife who is now his ex-wife. The husband is deceased and his son has been named executor of his estate. The son wants to enter the box as executor. Can he do that without the ex-wife present since she is still showing as joint renter?
Answer: 

In most states, she would be the sole renter after the death of the co-tenant. That would put the box beyond the reach of the son or the estate. If the son is only the nominal executor and wants to search for a will, he'll have to ask his mother (or his father's ex-wife, depending on the circumstances here) to access the box to look for it for him.

Check your state law and provisions of the safe deposit lease for further information. If still unsure of how to proceed, the bank should seek legal advice before acting.

First published on BankersOnline.com 4/23/12

First published on 04/23/2012

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