On occasion, it becomes clear that someone calling You and the Law is suffering from mental illness and has had difficulty in explaining their legal problem to an attorney’s secretary or paralegal in an understandable manner. At times, rambling incessantly about things unrelated, they wind up never put through to the lawyer.

Then by going online, and researching a key word, up pops one of our articles that deals with a problem similar to theirs. We listen, even to their rumblings, which often yield a clue enabling us to help them.

Such was the case with “Denny,” who lives in a small mountain community in California’s Southern Sierra Nevada. In mid-May of this year he phoned us.

“Mr. Beaver, I read your story about the lady who you helped find her safe deposit box at the Bank of America, and I am in a similar situation. They won’t let me get into my box!” he stated, going from calm to angry within seconds.

No California I.D. or driver’s license – involuntarily committed

“Why won’t they let you in your box?” I asked.

“They need a valid form of state-issued photo ID. My Veteran’s card has no photo, and I do not have a California I.D. or driver’s license,” he replied, with an explanation that opened the door to his state of mind:

“I had a temporary license but never got my real license. Each time I go to DMV they refuse to help me and call the police! That’s why I’m calling you! I want to sue the State of California. I’ve already sent letters to the Governor, our senators, the White House, and those people at the bank had better watch out!”

Practicing law a long time, you get a feel for people, and somehow just know the answers to question you’re about to ask.

“Denny, please correct me if I’m wrong, but in your past I see you getting in trouble with the law. Am I right?”He immediately replied, “Yes, I violated a restraining order and spent 2 weeks in county jail. A long time ago I had some mental health issues with the VA and even though I was perfectly sane they put me in a mental hospital. Just call my daughter, she will tell you.

(We did. “Dad was diagnosed as paranoid schizophrenic while in the Army. He refuses to take his meds.)

“There’s nothing wrong with me except I can’t get my bonds from the safe deposit box and I hate those people! Also, I know very important issues of national security which could harm them!”

No attorney client privilege – call placed to Bank of America

As these types of calls do not create an attorney client relationship, I immediately contacted Bank of America’s Media Relations Vice President, Colleen Haggerty. She has always been a terrific problem solver for our readers and this time it was our turn to help B of A.

“You have a mentally-disturbed customer who has made non-specific threats against a branch. Please alert your security people. But he may have a legitimate complaint – they won’t let him into his safe-deposit box for lack of proper identification.”

Banks must know their customer

“Due to the Bank Secrecy Act, banks must know their customer, and this includes seeing a Social Security number, driver’s license or state ID,” Jerry Pluard told You and the Law. He is President and Co-Founder of Safe Deposit Box Insurance Coverage, LLC (SDBIC) — the only company in the United States specializing in insuring contents of a safe deposit box.

“In a situation like your reader’s, common sense should apply. Is he a regular customer? Can they ID him with information on record from when he opened the box?

“If a regional manager is contacted, usually the ok will be given to staff who in fact know the customer. Even though he may not have their required ID, knowing him personally should be enough this time, and he should be instructed to obtain proper ID for future visits,” Pluard recommends.

Safety assured – customer got in his box

Bank of America takes these things seriously and we received a call from B of A’s Corporate Security Manager based in California. At the bank’s request, we will just call him Mike. “Protecting our employees is critically important,” he stated, adding, “And we will try to make this a win-win for everyone.”

As she always has, Colleen Hagerty came through, arranging for Denny to get into his box. Over the next several days he repeatedly called our office, each time saying, “Thank you, I got my bonds and closed the box.”

It was enough for us to break out the emergency Valium.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When 70 year-old Scott met 50 year-old Dora, “It was love at first sight, combined with a large dose of humor,” she said. “We were on different teams at a bowling alley, and I still remember the look on his face when he first saw me – and then how he threw a gutter ball and everyone laughed.”

That was 11 years ago. They both needed laughter, love and companionship, as each had lost a spouse due to cancer. “Despite our age difference, we decided to move in together and until the past two weeks, it has been wonderful.”

‘I Promise to Provide For You if We Ever Separate’

“We lived in my home, shared all expenses and as Scott had health issues, he asked and I agreed, to quit my job as an accountant to care for him. All our bank accounts and financial items were separate. There was no “Living Together” contract, and we never had any issues over money.

“We acted as if we were married, each of us very generous to the other and Scott promised to provide for me if we ever separated. He even told our friends that. Life together in my house was a little bit of paradise for those years together,” Dora told me over Skype, sobbing.

But fall from paradise they would, as one day Scott announced, “I’m not getting any younger and want to spend my remaining years in Texas, with my kids, but the safe and its contents are yours.”

Scott had been purchasing gold and silver for many years with a present value of about $200,000 stored in his safe.

Memory Issues – Dementia Ruled Out

Having experienced slight memory issues, Scott was evaluated and diagnosed with diabetes which was quickly controlled, ending the memory problems.

“After announcing his plans for Texas, he immediately arranged for a moving company to pick up the safe — empty and with the door left unlocked to discourage a possible burglary — and bring it to my home. The next day we put the gold and silver in the safe,” Dora related, adding:

“Then, he gave me the mover’s receipt, the safe’s combination, a goodbye kiss, and the next time I heard from him was last week on a phone call with his son, ‘Jon.’”

“We Want Dad’s Safe and Contents Returned!”

As Dora explained, “Jon told me they were planning to drive out and recover the safe and its contents, threatening, ‘Don’t give us any trouble or you will be sorry.’ Mr. Beaver, I need the monetary value of those precious metals to live. Must I give it all back?”

“Not so fast,” was the immediate reaction of a friend of this column, Plainfield, Massachusetts family law attorney Laurie Israel, author of The Generous Prenup – How to Support the Marriage and avoid the Pitfalls.

“While the couple had no formal ‘living together’ agreement – that is highly beneficial to older couples who don’t want to be married, usually for financial reasons – there is a great deal of evidence that the safe and contents were not only a gift, but compensation for Dora having cared for him these many years.”

“In the law school course Contracts, students analyze similar cases. Under several legal theories, the safe and contents now belong to Dora, based partially on her having given up a career to care for Scott. She relied on his promise to provide for her should their relationship end. It is clear that he gifted the items to her.”

What is a Gift?

Attorney Israel set out the legal elements that establish a gift, explaining the three types:

— An Inter Vivos Gift: This is a gift made during the life of the donor. These are irrevocable.

— A Gift Causa Mortis: A gift that is made in anticipation of imminent death. The transfer is usually effective upon the donor’s death, and can be revoked up until the donor dies.

— A Testamentary Gift: This is a gift distributed through a will.

Proof that a Gift was In Fact Made

The elements to prove that a gift was made include:

— Donor’s Legal Capacity: The donor must be of the majority age (usually 18 years old), and have the mental capacity and understanding that they are making a gift.

— Intent to transfer the property as a gift: This can be shown through statements, writings, or conduct. Intent also means that the donor doesn’t expect compensation.

— Delivery to the Donee: Delivery of the gift can be actual, symbolic, or implied through conduct. Physical delivery to Dora’s home plus Scott writing down the combination to the safe would lock that element in.

— Acceptance by the Donee: The donee must also accept the gift, without any coercion or undue influence.

Our Advice to Dora

Both Laurie and I agree that she should immediately rent safe deposit boxes large enough to accommodate the gold and silver. She should make a police report of the threats and retain an attorney to prepare a Stay Away order. It would be a tragedy for her to have devoted all those years to Scott only for his kids to defeat his generosity.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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For anyone who has a safe deposit box at a bank or other financial institution, today’s story could prove to be extremely valuable, and we begin with this question:

“How would you feel, how incredibly upset and angry would you be if the next time you went into your safe deposit box, instead of the valuables you placed in it, it’s empty?”

I’ll bet you’re thinking, “How can that be? It takes two keys to open a box and I’ve got mine. I’ve never heard of anything like that happening, but if it did, the bank has insurance, so of course, I’d be compensated or my homeowner’s insurance would handle the matter. Right?” Are you sure?

“On Jan. 2, my parents found an empty box”

2018 has not been a happy new year for readers in Orlando, Florida, as these emails from “Minh” reveal:

“This morning my parents went to their bank, at Hunters Creek, and when an employee opened their safe deposit box, it was empty! There should have been cash and gold, their entire life savings of $500,000!

“(My family were boat-people, fleeing Vietnam after it fell. They do not trust the stock market, use cash only and have been frugal all their lives, saving money.)

“Apparently, the box below theirs had to be drilled open. Based on photos, there was obviously foul play when the servicemen came in to drill it. The bank had no explanation. When it was found empty, no one at the branch took initiative. My father was the one who dialed 911 to get the police involved and requested a detective to come.”

Jan. 9, – mom is hospitalized

“The detective called my parents yesterday to come to the branch. The Bank Operations Manager for this part of Florida was present, and both he and the detective stated there was no indication of the box being tampered with. My mom fainted at the scene and was taken to the hospital. This is all too much for my parents and I am hoping for a resolution.

“The bank has denied all responsibility. How could this happen?” our reader wanted to know, adding, “They must have insurance for things like this…don’t they?”

Banks do not insure the contents of safe deposit boxes

Chicago-based CPA/Attorney Jerry Pluard hears these questions often. As President and Co-Founder of Safe Deposit Box Insurance Coverage, LLC (SDBIC) — the only company specializing in insuring contents of a safe deposit box — he explains that:

“FDIC insures bank deposits, not the contents of a safe deposit box. In their contract, banks disclaim all liability for loss. Yet, we have found that most people think they have those protections.

“The typical homeowner’s policy will only cover a few thousand dollars of property, cash up to $500, and excludes losses from flood, hurricane or earthquake,” he points out.

No signs of forced entry, so how could this happen?

With no signs the box had been broken into, how could this have happened?

“It begins with a combination of low staffing levels and poor training at the branch level. Where the keys have been lost and a box is to be drilled, a bank approved locksmith shows up and is escorted to the safe deposit box section of the vault. A teller is supposed to stay with that person at all times but often does not.

“With no video in this area of the vault, a crooked locksmith can pick the locks on several boxes in just a few minutes, removing contents without any external sign that a thing is wrong.”

Here’s how to protect yourself

“But there has to be a way of making the bank responsible for something like this kind of a theft. What can a box owner do?”

Pluard provided these simple to follow direction which gives the box owner real power:

(1) Go into your box at least twice a year and keep a record of when these visits take place. This will reduce the chances of your bank thinking that you have abandoned the box.

(2) All smartphones have cameras which show the date a video is made. Go to the bank with someone who can video everything beginning with your sign-in to when the box is put back in the vault. Show in detail what is there, even counting out money. Later, at home, prepare an inventory.

(3) If something is missing the next time you go back, there is no doubt that someone got access to the box. Now you have proof of what was there.

“If you have the inventory and pictures, the bank will have to take this seriously. And with safe deposit box insurance, you are in a position to fully recover your losses,” Pluard concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you or someone in your family has a safe deposit box at a bank or other financial institution, then today’s story will be of particular relevance, and we begin with this question:

When was the last time that you signed in and opened the box? If you can’t recall the exact day and date, that’s OK, then how about the month or year? And if you can’t even remember the year, Brandon Hernandez, a business banker with Southern California based Mission Bank, tells You and the Law that you are quite normal:

“Dennis, most people can’t even remember the year, and it’s not because they have bad memories. Rather, it’s something we don’t do very often. Typically the reason to go to your safe deposit box is a last-minute thing, to get a copy of a will, other documents, passport, or jewelry for a special event.”

However, he cautions, “While problems with safe deposit boxes are rare, they do occur, therefore, keep a record of each visit to the box.”

As you will see, fortunately, reader Enna Lee did that and more.

In the 1990s banks were offering all sorts of perks for new accounts, such as free safe deposit boxes. As Lee wrote, “Since 1991, I have had a safe deposit box offered free by the Marina Del Rey branch of the Bank of America.

“At first it was a small one, then, in 2010 they switched me to Box 2147, which was much larger. I accessed it in October 2011, removing a ring to wear at my brother’s wedding. I even have a photo taken at the reception which shows it.”

At that time, Lee had no way of knowing just how important that photo would become.
March 12, 2016, is a day that she will never forget, for, “When I tried to sign in to the box, they told me, ‘Our records go back to the 1960s and we have nothing associating you with this box. It was closed in 2013 and is now available to be rented.’

“I told them that I had a box there for many years, but they did not believe me! It was like being in a science fiction movie — suddenly, I was a non-person. I didn’t exist. I was shocked, upset and angry! How could this happen?

“Inside the box were not only things of monetary value, but of sentimental value, such as wedding gifts, family photos — apparently all gone. I feared that an insider removed the contents, my name from their records, and pretending that the box was empty, classified the box as rentable. That’s when I emailed you.”
We phoned Bank of America headquarters and spoke with Colleen Haggerty, vice president of Media Relations. “I’ll immediately look into this, Dennis, and figure out what’s going on,” she promised and kept her word.

Within a few days Lee and the contents of her safe deposit box were reunited. Key to understanding what happened begins with the unexpected:

As two different keys are required to open a box, if a customer loses their key — which is fairly common — the lock has to be drilled to gain access. We had never heard of a bank losing its key, but that’s what happened. The branch lost its key to box 2147.
Following our call, the lock was drilled, our reader’s contents removed, and placed into a new box. “It’s even larger and they are giving it to me free for five years,” our relieved, happy — but still perplexed — reader, emailed.
“No one explained how this could happen.” Indeed, how could it happen?

We asked Bank of America to explain what happened, and have not heard from them, but Mission Bank’s Hernandez has seen clerical errors lead to the same result:

“Someone accidentally hits the wrong key or an internal operating system update/conversion results in data not transferring correctly. The customer is removed from the bank’s data base, and their box is shown as available for rental.
“Either because the bank had lost its own key, or no one wanted to rent one that size, it remained untouched and forgotten from 2011 to 2016, but eventually would have been drilled, contents removed and safely stored,” Hernandez stated.

“In a very real way, your reader was incredibly lucky that 2147 was not on the bank’s radar. The lack of activity — no one having gone in to the box for five years — combined with Lee vanishing from their data base resulted in the contents remaining untouched.

“It is a good example of why visiting your box at least yearly is so important,” he concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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