Legal Question in Wills and Trusts in California

banking question re:deceased husband
my husband died,without a WILL.because of his drinking, we lived apart for the last 15 yrs.all tho we lived apart, we never did get a divorce.on the death cert. it lists me as the surviving spouse.am i able to gain acess to his checking account, if i present the death cert. as well as a marriage cert.to the bank. if not, what is the process by which my daughter and i need to do , in order for us to clear up his bank activity.

Asked on 3/09/05, 1:02 am

Donald Field Donald L. Field, Jr., Attorney at Law

0 users found helpful

0 attorneys agreed

Re: banking question re:deceased husband

in the absence of a will, all of your husband's property that is subject to probate will pass by intestate succession.

SEE: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414

if the total value of his estate does not exceed $100,000, an affidavit procedure can be used in lieu of probate.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13050-13054

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=13001-14000&file=13100-13116

Answered on 3/13/05, 12:37 pm

Keywords

Match Any Match All

Country

State

Area of Law