Legal Question in Wills and Trusts in Florida

Is this right?

A man passed away, was separated from wife and had some INDIVIDUAL bank account. No will was left. Can the wife just start writing HIS checks in her name to get money out of the account (like at Amscot and stuff) or would she have had to get a court order from probate first? She got his mail and found a new bank card that defaults to his last four digits of his ss card she is signing her name to the receipts too. She wasn't on these accounts as a joint owner.


Asked on 3/15/09, 12:32 pm

2 Answers from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Is this right?

without being a joint owner on the accounts, or at least an authorized signer, she would need to have an order or letters of administration from the probate court.

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Answered on 3/15/09, 2:55 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Is this right?

If it was in his name only, then she cannot write checks.

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Answered on 3/15/09, 10:11 pm


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