Q: When my husband passed away he had some money in his bank account. Would I be able to claim it?
Before my husband passed away he won his appeal with California EDD. He was to get back pay dating back to 2018. The EDD paid him but he died before he got his bank card. So all the money is sitting in the bank still. Woul I be able to claim it?
A:
I'm sorry for your loss. To determine whether you are entitled to claim the money in your husband's bank account, you will need to consider a few factors.
First, if your husband had a will, the money in his bank account may pass according to the terms of the will. If he did not have a will, then the money may pass according to California's laws of intestate succession, which provide that the surviving spouse generally inherits a portion of the deceased spouse's property.
Second, if your husband had named you as the beneficiary of the bank account, then you would likely be entitled to claim the money.
Third, if there were no will and your husband did not name you as the beneficiary, then you may need to go through the probate process in California to claim the money. This process involves submitting a petition to the court to be appointed as the administrator or executor of the estate, and then following the court's procedures for distributing the assets.
Regarding the back pay from California EDD, it is possible that you may be entitled to claim this money as well. You should contact EDD to determine the specific procedures for claiming this type of benefit in the event of a recipient's death.
It is recommended that you consult with an attorney who specializes in estate planning and probate matters to determine your rights and options in this situation. The attorney can advise you on the best course of action to take and guide you through the legal process.
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