Legal Question in Wills and Trusts in Illinois
Checking Acct frozen after Husband's death
My Uncle just passed away and didn't have a Will. My Aunt needs to access the checking acct to pay for funeral expenses & other bills but the checking acct is in my Uncle's name only. What does she need to do to be able to get access to this acct to be able to pay bills. FYI - My Uncle was the sole provider for the family and handled all all payment of bills out of his checking acct.
2 Answers from Attorneys
Re: Checking Acct frozen after Husband's death
You have to open the estate and have an administrator appointed by the court (usually a family member). Then that person can access the accounts. Normally, in such matters, the family gets an attorney who handles probate and related matters (such as our firm), and that attorney handles all the paperwork. The attorney is then paid from the estate.
Re: Checking Acct frozen after Husband's death
She may be able to access the account, if all assets left were under $100,000.00, with the use of a "small estates affidavit." Talk to the bank about it. They probably have their own form.
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