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?

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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

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 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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