Q: PROBATE
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
