If my ex-husband died without a Will and his SSD bank account islocated in another state,which small estate law applies?
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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 12 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.
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