So, I have a conundrum. My dad’s will is in his safe at home. He recently sustained a traumatic injury and is not expected to survive. We need to get into the safe to find out what his wishes are for medical decisions, and to arrange his affairs if he needs to go to long-term care. I asked a safe and lock company to help access the safe, as I am his only son or direct next of kin. They said we would need a power of attorney from my dad to do that. The power of attorney designation is in the will. I’m going to call an estate attorney tomorrow. What is the likelihood that we can quickly gain access to his safe with an attorney involved?
Location: Nevada
Comments
Did he draft the docs himself or hire an attorney (if you know)? Do you know of any attorneys he’s worked with in the past? Either way, what are the chances of a copy (signed or unsigned) being on his computer or in his email? If they’re there, I would show the safe company the draft and tell them you believe the signed copies are locked inside so that’s why access is needed. That would likely get me comfy with the request.
If they need a POA? Zero. You will likely need to wait until he passes, get appointed as an executor of the estate, and use that authority to enter the safe.
Extremely unlikely. An attorney is going to require paperwork which they can currently access without breaking into the safe. Even if you’re absolutely right, they can’t just take your word for it. They need tangible proof beforehand.
Long shot but maybe your father filed the Will with the county after he completed it.
Sorry about your Dad. But from the safe company’s perspective, if he wanted you to be able to access the safe before he died he either would have given you the combination or a POA.
Your best bet has already been mentioned – try to track down your father’s attorney/law firm. Look in his files or old check registers if he keeps them.
If he ends up needing long-term care, he’ll need a guardian and conservator. If you are appointed conservator, that’ll give you the right to have the safe opened as well. Otherwise, you’ll have to retain the services of the self-help law firm DeWalt, Makita & Milwaukee.