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NYS law regarding joint ownership of safe deposit box & surviving co-owner.

Mineola, NY |

My husband & I had a safe deposit box, the rental contract with the bank is in both names, he passed away and now the bank says I cannot access the contents of the box until I get permission from the surrogate's court. Is this correct?

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Filed under: Estates
Attorney answers 2

Posted

If you are legally the co-owner, court involvement should not be necessary. Nevertheless, we spend a lot of time arguing with non-lawyer bank employees over what the law says. I would persist with the bank manager and if you do not have success consider getting an attorney involved.

Posted

If the box is in both your names, then you have the right to access the box without court involvement. speak to the manager about your situation.

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