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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33730
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am Administrator of mothers' estate. Father predeceased her by > 20 years. Cit

Customer Question

I am Administrator of mothers' estate. Father predeceased her by > 20 years. Citibank will not allow me to open the box that is in both their names without obtaining Letter of Admin from the court for father. I presented both their death certificates. There is no will. Is Citibank accurate. I do not want to go back for another Ltr of Admin if I don't have to.
The contents are silver Quarters and dimes. Is it legal to put currency in a safe deposit box?
Thank you in advance.
Can you reference any state law that is applicable to my situation?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If father and mother were both co-owners on the box, then you would have to obtain proof that father had passed and that you were legally entitled to take possession of his half of any assets in the box.
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So to do so, you would have to have letters of Administration for both father's estate and mother's. If no one ever settled father's estate, then it is just sitting there unsettled as they don't go away until someone actually legally settles them. If they owned them as marital property, then father's share would go to mother and then mother's total interest would go into her estate to descend to her heirs at law.
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But the bank is correct that you would need letters for both estates to show you are authorized to take possession of the assets.
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And yes, there is no law preventing someone from storing money of any kind in a safe deposit box. Since there is no law preventing it, finding caselaw even related to the issue would likely take hours of legal research which is beyond the scope of the services that I can provide.
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thanks
Barrister