What is the name of your state (only U.S. law)? New York State, Westchester County.
I'm the executor of my mother's Will. Her estate went to probate. The surrogate court issued Certificates of Voluntary Administration for her checking account and another for her savings account.
The lawyer is contacting the Surrogate Court again regarding my mother's car and her safe deposit box.
Regarding the safe deposit box, the lawyer has sent me a form entitled Petition to Open Safe Deposit Box. Yet, the bank has told me that they accept the document, Certificate of Voluntary Administration for me to have access to her safe deposit box. The first only entitles me to make a list of what’s in the box. The second entitles me to remove all contents from the safe deposit box.
Does the surrogate court require an accounting of the contents of the safe deposit box in order for me to have access to it?
In addition, the lawyer has said the following to me:
“With regard to the safety deposit box, you need to have an inventory of exactly what is inside the box. It is my understanding that some of the personal property inside was your father’s (such as his wedding ring). To the extent that the other personal property (such as jewelry) was jointly owned by the two of them, then your father will inherit it by operation of law, outside of your mother’s estate. To the extent that the personal property was just your mother’s, it will need to be worth less than $1,100 in order to continue to qualify as a small estate (with its expedited Surrogate’s Court procedures).”
I don’t understand the lawyer’s comments “jointly owned”, such as jewelry. The jewelry belongs to my mother (with the exception of his wedding band). She, herself, told me, prior to her death, that her better jewelry is in the safe deposit box and that along with the other jewelry (in her apartment), that it should be divided up between my sister and me.
My mother’s Will reads as follows:
“I give and bequeath all my tangible personal property which shall include, without limitation, all my clothing, books, automobiles, household furniture, furnishings and personal effects, pictures and objects of art of every kind and wheresoever situated, but shall not include any cash or securities) and all policies of insurance covering said property to my daughter,_______ and my daughter, _______, or the survivor of them, to be divided between them as they may agree between themselves, or if they fail for any reason to agree on the division thereof, such division shall be made between them as nearly equally as practicable in such a manner as my Executor in the exercise of absolute discretion shall determine, and my Executor’s decision as to the composition and quality of their respective shares shall be binding and conclusive on them.
All the rest, residue and remainder of my property and estate, real and personal, of whatever nature and wherever situated, which at the time of my death shall belong to me or be subject to my disposal by will, or to which after my death my estate shall in any manner become entitled, including any property hereinbefore mentioned but not effectually disposed of, being hereafter sometimes referred to as my “residuary estate”, I dispose of as follows:” and here, she mentions my father.
The safe deposit box is in my mother’s name. My father attempted to get into it, but the bank would not allow him.
I want to know if:
1) My mother was entitled to give her personal possessions to my sister and me, as stated in her Will.
2) Even if the jewelry that is in the safe deposit box was given to my mother as a gift from my father, is it “jointly owned” or is it completely hers and, therefore, bequeathed to my sister and me, as stated in her Will?
3) Can the lawyer or my father construe anything about that jewelry to be part of a ‘joint estate’ (therefore, my father’s), rather than my mother’s estate, alone?
Any suggestions regarding what my course of action should be?
Thank you.
I'm the executor of my mother's Will. Her estate went to probate. The surrogate court issued Certificates of Voluntary Administration for her checking account and another for her savings account.
The lawyer is contacting the Surrogate Court again regarding my mother's car and her safe deposit box.
Regarding the safe deposit box, the lawyer has sent me a form entitled Petition to Open Safe Deposit Box. Yet, the bank has told me that they accept the document, Certificate of Voluntary Administration for me to have access to her safe deposit box. The first only entitles me to make a list of what’s in the box. The second entitles me to remove all contents from the safe deposit box.
Does the surrogate court require an accounting of the contents of the safe deposit box in order for me to have access to it?
In addition, the lawyer has said the following to me:
“With regard to the safety deposit box, you need to have an inventory of exactly what is inside the box. It is my understanding that some of the personal property inside was your father’s (such as his wedding ring). To the extent that the other personal property (such as jewelry) was jointly owned by the two of them, then your father will inherit it by operation of law, outside of your mother’s estate. To the extent that the personal property was just your mother’s, it will need to be worth less than $1,100 in order to continue to qualify as a small estate (with its expedited Surrogate’s Court procedures).”
I don’t understand the lawyer’s comments “jointly owned”, such as jewelry. The jewelry belongs to my mother (with the exception of his wedding band). She, herself, told me, prior to her death, that her better jewelry is in the safe deposit box and that along with the other jewelry (in her apartment), that it should be divided up between my sister and me.
My mother’s Will reads as follows:
“I give and bequeath all my tangible personal property which shall include, without limitation, all my clothing, books, automobiles, household furniture, furnishings and personal effects, pictures and objects of art of every kind and wheresoever situated, but shall not include any cash or securities) and all policies of insurance covering said property to my daughter,_______ and my daughter, _______, or the survivor of them, to be divided between them as they may agree between themselves, or if they fail for any reason to agree on the division thereof, such division shall be made between them as nearly equally as practicable in such a manner as my Executor in the exercise of absolute discretion shall determine, and my Executor’s decision as to the composition and quality of their respective shares shall be binding and conclusive on them.
All the rest, residue and remainder of my property and estate, real and personal, of whatever nature and wherever situated, which at the time of my death shall belong to me or be subject to my disposal by will, or to which after my death my estate shall in any manner become entitled, including any property hereinbefore mentioned but not effectually disposed of, being hereafter sometimes referred to as my “residuary estate”, I dispose of as follows:” and here, she mentions my father.
The safe deposit box is in my mother’s name. My father attempted to get into it, but the bank would not allow him.
I want to know if:
1) My mother was entitled to give her personal possessions to my sister and me, as stated in her Will.
2) Even if the jewelry that is in the safe deposit box was given to my mother as a gift from my father, is it “jointly owned” or is it completely hers and, therefore, bequeathed to my sister and me, as stated in her Will?
3) Can the lawyer or my father construe anything about that jewelry to be part of a ‘joint estate’ (therefore, my father’s), rather than my mother’s estate, alone?
Any suggestions regarding what my course of action should be?
Thank you.