Re: handwritten attachment to will

> " snipped-for-privacy@yahoo.ca" wrote:

>>> The actual will is held by the lawyer. You only hold a copy. >> Not necessarily. My lawyer does not "store" Wills, I have >> the original in my safe deposit box and a copy in my home >> files. >> My named executor has full access to the safe deposit box. > The box might be sealed when the bank learns of your death > (the IRS wants to have a witness when it's opened in case > it's full of unreported cash). Have an original at home.

When I said that the executor had "full access" to the box I meant that not only does she have a key, she also has "signature authority" from the bank and can access the box at any time. I was executor for my mother's estate and we had a similar arrangement. After her death I was able to open her box and inventory/ retrieve the contents with no interference from the bank. I think that concerns about the box being sealed (and unavailable) may be somewhat overblown or an urban legend.

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Reply to
Herb Smith
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Having personal signature authority isn't always helpful - it depends on your state's laws. In California in the old days, when someone died any safe deposit box he had access to was blocked and nobody - not even someone else with signature authority - could open it up until a tax assessor from the state came to see what was in there. Other assets were also frozen until cleared. Luckily that's no longer the rule, but it could be in some places. Stu

Reply to
Stuart A. Bronstein

It's really a matter of bank policy rather than any federal or state regulation. Some banks are cautious. ChEAr$, Harlan Lunsford, EA n LA

Reply to
Harlan Lunsford

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