Scott Rahn, Founding Partner of RMO LLP, was recently quoted in an article for Moneywise, which examines the legal complications that can arise when a family member removes items from a deceased loved one’s safe deposit box shortly before death. The article explores a scenario involving a cousin who emptied a grandmother’s safe deposit box in the days leading up to her passing, raising concerns about ownership, inheritance rights, and potential estate misconduct.
In the article, Scott emphasized an important legal principle that frequently arises in probate and estate disputes: access does not equal ownership.
“Her ability to access the box doesn’t establish ownership of its contents,” Scott Rahn, a probate attorney and founding partner of RMO, LLP, told Moneywise. “State law determines who may access a box and what probate procedures must be followed. But no state treats mere access as automatic ownership.”
The article further discusses the remedies available when estate property may have been improperly removed.
“Depending on the evidence and applicable state law, the estate or beneficiaries may seek an emergency injunction, an accounting, return of the property, damages, and, in an appropriate case, financial elder abuse, theft, or fraud remedies,” Rahn said.
These legal tools can help preserve estate assets and ensure that property is distributed according to the decedent’s wishes.
For beneficiaries, heirs, executors, administrators, trustees, and other interested parties, the article highlights the importance of acting quickly when questions arise regarding missing estate assets. Disputes involving safe deposit boxes often intersect with probate administration, fiduciary duties, inheritance rights, and potential estate litigation. Prompt legal action may be necessary to protect estate property, investigate suspicious transfers, and safeguard the rights of beneficiaries.
Facing an inheritance issue? Connect with RMO LLP to discuss how we can help you protect your interests and resolve safe deposit box and estate asset disputes.