The Keystone Kops

The one thing mom had always said when she could be put upon to talk about the business of death was "When I die, go to the safe deposit box". That's all she'd say, so I had to assume that's where her will lived. So not too long after dad died, she sent me paperwork to complete so my name would be on the list of those allowed into the box. What was the one thing she didn't do? TELL ANYONE WHERE THE KEYS TO THE FREAKING BOX WERE.

After the funeral, it was imperative that we found the will as soon as possible so that we could start probating her estate with the county probate court. I hadn't thought about the box having keys because silly me, I've never had one myself and I just wasn't focused on the fact that the damned thing would need a key. So we trundled down to the bank, they check the list and then turn to us expectantly and say "now, do you have the key?" *blink* *blink* We dashed back to the house and looked where all the keys to things present and past lived and...no key. I looked in the metal box where all the important papers lived in a jumble. No key. Went through her chest of drawers and jewelry boxes. No key. We ended up having to cough up something like $150 to have a locksmith come in the next day and core the lock in about five seconds. I'm obviously in the wrong line of work. We later discovered that the keys were indeed in The Important Stuff Box, but you had to empty the box folder by folder, envelope by envelope, paper by paper to come across them. Mom had only been to the box once to open it and the tiny, thin keys had become one with the documents they were between. In any event, success! The will did indeed live in the safe deposit box and now the wheels of probate could commence.

Probate step #1: GO TO THEIR WEBSITE. I was very impressed with the simple, yet information laden website of the probate court of my mother's county. Having done a stint as a law librarian, I was accustomed to moving around on legal websites, so this was naturally the first thing I did. I saw more than a handful of people showing up at the court who hadn't a clue what was going on and I could feel the frustration of the court employees. I am a huge proponent of being prepared via surfing organization's websites from restaurants to retail stores to...well, courts. They're there for a reason people and if you don't have the Internet at home, your local public library will be glad to show you how to do research on the 'net. Better still, many local/city/county law libraries are open to the public as well. -end library PSA-

Once I got a look at the legalese that was my mother's will, I knew I was in for it. Current legal wisdom suggests that one update their will every five years or so. My mother's will had not been updated since the day it was created...back in 1976 when my brother and I were still minors. It was very clear what should happen to her estate should both she and my father predecease us. The trustee of their estate was to take control and the guardians were to care for us "in the manner to which they have become accustomed". So the first and very detailed section of the will was null and void since we were no longer minors. The last page stated who the executors (now called personal representative) should be. First, my father. Second, my father's half brother (who was also the appointed guardian along with his now deceased wife). Third, a bank that no longer existed.

In order for me to be appointed PR, I needed witnessed paperwork from all available parties renouncing their claim to being the PR for the estate and nominating me. I had my brother complete the form as well to be on the safe side, my uncle had no issues with it, either. The problem was the now-defunct bank. With the aid of my awesome husband and my ninja-like library research skills, I was able to have him track down what had become of the bank in about three phone calls. Like this: a call to our own local library's reference desk for ideas, 2) on their advice, a call the reference desk of the library in that county and 3) on #2's advice, a call to the banking commission for that county and voila! We got the history of the bank through two or three mutations that eventually became Walkalloverya (right before they got snatched up by Fells Wargo). I assumed wrongly that because they no longer existed that I wouldn't need a form from them, but alas, I was wrong. Eventually, it was simple matter and I was able to have the bank sign off at a local branch in my own state. After a couple of visits to the court with the required paperwork, I was appointed PR.

Next: now the real work begins.