What to do if my late husband had an account with a bank but didn’t put my name on it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my late husband had an account with a bank but didn’t put my name on it?

It’s only a couple thousand, however I’m disabled and need it. Is there any way to get the money by filing papers myself or is it worth it to go through probate? is it worth it? I am 70 and may not live to last through probate.

Asked on July 25, 2013 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  I am assuming that this is the only account or asset that was not held jointly, correct?  The state of Florida allows a Small estate proceeding (an Affidavit) which can be done by you with out an attorney.  Some counties - like Lee County - have forms online for a Small Estate Affidavit that you can fill out and have notarized. Small Estates is also known as Disposition of Personal Property without Administration. Court personnel can help but can not give legal advice.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption