Slatington, PA asked in Banking, Divorce and Probate for Pennsylvania

Q: My mother remarried and found an old bank account of deceased husbands. Why can she not access the money?

It's been 10 years since he passed , she has had her last name changed, she says she needs to divorce her current husband and have her name changed back. Is this true? She is trying to take the money for herself and I need to know if I'm entitled to a share of it as I am his biological daughter, she will not allow me to see his will.

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1 Lawyer Answer

Michael Drew Raisman

Answered
  • Probate Lawyer
  • Langhorne, PA
  • Licensed in Pennsylvania

A: If the bank account is in her deceased husband's name, then she may need to open up his estate. The bank probably will not give her the funds until she begins probate. In that case, she'll either need to present the will to the Register of Wills (of which you would then be entitled to see), or it will go through intestacy in which case you may be entitled to part of it, depending on the amount of the bank account and any deductions payable through the estate.

I do not see why she would need to divorce her current husband or change her name back - it doesn't make sense. You should speak with an attorney about your rights.

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