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I have a deceased aunt in texas and we are in kansas. We ...

Sent to Legal Experts March 14 2008 at 8:37 AM
   

I have a deceased aunt who resided in texas and we are in another state. We believe she has a will but it is in a safe deposit at her bank. we cannot get access to it. How do we get access to it asap. Also, she has assest that we brought back, because of the concern it was not secure at her residence. what is the process for this? Her sister is trying to become executor. How do we secure her asset until an executor is appointed?

Edited by Customer (name blocked for privacy) on March 14 2008 at 11:47 AM

 

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Wichita, Kansas

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Contacted an attorney to file for executor, but not paperwork as been signed.(down payment). We have the vehicle and other assets in our possession for security purposed. The area she lived in was not secure. Went to the bank to ask for access to the safe deposit, but they denied us access. We believe the will is in there.

Customer (name blocked for privacy)
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March 14 2008 at 1:02 PM (4 hours and 24 minutes and 47 seconds later)
         
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Thank you for your question.

Only the court-appointed personal representative will have access to the safe deposit box. So at the present time someone needs to appointed as the personal representative (executor) of the decedent's estate. As to protecting the property, all you can do is keep it in your position until the personal representative is appointed. Once appointed the personal representative has a duty to collect all assets and debts to handle probate administration. Once she asks for the property to be turned over, then that is the time you hand it to the personal representative.

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