My father died with a living trust. In the trust he lists one safety deposit as mine the other as my sister's.The other items in the estate that still had my mother's name on themthat were not listed in the trust, were paid to the trust who then divided them. Is that what will happen with the safety deposit boxes or do they go to the person listed in the trust?

They normally go to the person in the trust as stated.

A person cannot will a safety deposit box. They don't own the box. They can only will the contents of the box. And a trust would have to specify the assets to go into the trust. So the contents of the box would have to go to the estate.

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Originally Posted by ScottGem

A person cannot will a safety deposit box. They don't own the box. They can only will the contents of the box. And a trust would have to specify the assets to go into the trust. So the contents of the box would have to go to the estate.

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The document creating the trust could very well specify "everything contained in such-and-such safety deposit box" to belong to the trust.

A will might specify that, but it makes no sense for a trust to do so.

And unless the other persons name is on the list to get into the box, they will need a court order from the probate court to be allowed to get into the box.

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Originally Posted by Fr_Chuck

And unless the other persons name is on the list to get into the box, they will need a court order from the probate court to be allowed to get into the box.

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That's why it would be nice to see the documents OP is talking about. If the trust is set up right, the trustee would be named in the bank documents and if so would be able to open the box and give the contents to the OP.