Legal Question in Wills and Trusts in Florida

Checking and Savings account

I was married the second time for 7 years and he died in 2001. He didn't leave a will. We had separate bank accounts I have all the proof needed, my marriage certificate, his death certificate, etc.The House was mine .Now then, he has a large amount of money in the Bank still. I found a letter after he died in his private papers , not notarized, but has his signature on the letter It stated ,that if anything happened to him, I was to have whatever money there was in those bank accounts. I want to know if there is any way of acquiring information, as to how much money there is those bank accounts and if I can get the money out of the bank. The bank will not give me any information. I didn't show the letter to the bank. I do have some of his bank statements. My neighbor told me to ask you. Please respond Thank you


Asked on 1/07/06, 10:25 pm

1 Answer from Attorneys
Kelly Henderson

Re: Checking and Savings account

If the letter you found does not have any witnesses chances are it will not operate as a will to vest onership in your name. That said, even without a will you have rights to the assets of your late husband. A surviving spouse can claim the first $60,000 and one-half of the the rest. In addition, if there is no will and your late husband had no children, then you are the only heir under Florida Statutes. I suggest you contact an attorney. If you call me or send me an e-mail I would be happy to speak with you.

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Answered on 1/09/06, 9:56 am


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