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?

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?

Asked on February 21, 2013 under Estate Planning, Kentucky


Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

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.

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