If my husband passed away and I’m trying to deal with his bank account, as his wife am I entitled to the money in his account?

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If my husband passed away and I’m trying to deal with his bank account, as his wife am I entitled to the money in his account?

His bank has locked his account so now I have no access.

Asked on October 22, 2014 under Estate Planning, Michigan

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

The previous answer is accurate in regards to the joint account however, if the bank account is not joint or payable on death to you then you would have to apply to probate to release the funds.  If the amount is below $100,000, you can apply for a release from administration instead of having to open a full estate.  It is a simple and less expensive to do.  If you would like assistance you can contact my office.  www.socrateslegal.com

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Was the account a joint account?  If so, then upon his death the funds should have gone to you alone.  And then you would present a death certificate to the bank for access. Even if your name is not on the account state law may in fact treat it that way.  I would speak with a lawyer to check here. Good luck.


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