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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 9 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 9 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.


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