Wilmington, DE asked in Estate Planning for Delaware


My ex husband dies may 1st and i was his sole caregiver for 2 yrs. I was taken care of him and making sure he was ok.

May 1st @1035 am he died at home.

His mother applied to be the administer if the estate om may 15, and the recorder of will said that she will not be the administer until 60 days after he died and he dies may 1st.

I am still living in his house.

Is his mom allowed to have a key to this house and take money out of his account now or does she have to wait untill she is the administer of the estate?

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1 Lawyer Answer
Charles Snyderman
Charles Snyderman
  • Wilmington, DE
  • Licensed in Delaware

A: She cannot withdraw funds from the account until she has been appointed administrator of the estate. If, however, your ex husband added his mother's name to the account, then she would in fact be able to withdraw funds.

She should not have the right to get a key until she has been appointed administrator.

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