If my husband dies and doesn’t have a Will, how do I get the money that he had saved?

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If my husband dies and doesn’t have a Will, how do I get the money that he had saved?

I need to pay the bills but the attorney has put me in probate and now they say they need a $10,000 bond in order for me to get enough money out of the account to pay the bills. This does not make sense since I have no money and I am his wife.

Asked on January 10, 2012 under Estate Planning, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the probalems that have resulted here.  I am assuming that the account in which the money was held was in his name only, correct?  If that is the case then you would have to go through probate in order to get it out.  If he had had a Will and had you serving as the executrix then it could have stated that you serve "without bond."  But being that he died intestate the state law probably requires that it be posted.  I would go and see if you can get some free advice from your local bar association, legal aid or legal clinic to double check and see what your other options are. Good luck. 


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