If my ex-husband died without a Will and his SSD bank account islocated in another state,which small estate law applies?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If my ex-husband died without a Will and his SSD bank account islocated in another state,which small estate law applies?

The bank needs a small estate affidavit but it is up to me to determine which state law applies. Can you help me on which state law is applicable? Where he died or where his official residence was? About $4,400 in the account; no other assets.

Asked on October 23, 2011 under Estate Planning, Illinois

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I have some concerns here regarding the question that you have asked.  First, depending on when he passed away and when the benefits were deposited, some of them could be returned to Social Security.  Check on that.  Next, it is unclear to me why you think that you are entitled to what is left in his account once the estate is settled.  You are no longer married to each other.  Once you are divorced, your right to inherit is terminated.  Unless, of course, you are included in a Last Will and Testament of the decedent that was executed or revised AFTER you were divorced.  But you claim there was no Will here.  Please check with an attorney in your area.  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 lock Secured with SHA-256 Encryption