What are my right if my husband just past away and a friend said that as his spouse, I am to be granted the first $15,000 of his estate?
Question Details: If this is correct, can a check just be written out of the estate account to me and shown on balance sheet/check register for the court? Or do we have to get approval thru the court before we write the check?
Victor Waid / Law Office Of Victor Waid
Answered 27 days ago
This attorney is licensed in California
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Your friend is NOT correct re the first $15K to be paid to a spouse, unless the account is an account designating you the payee on death or you were a joint owner of the account, in which you can withdraw the whole account. Otherwise a probate may need to be opened authorizing your withdrawal, as there may be other heirs entitled to benefits from the estate.
