My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

Question

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died.  But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?  We have been living in a rented apartment in Jacksonville for over 10 years and we were married for more than 30 years. He has 2 adult children that were with his previous wife.  He has had no contact with them since they were very little (they are in their 50's now). I called his daughter after he died and she said she still doesn't want anything to do with him and she will not help with his burial or come to a funeral.  I don't know if he has a life insurance policy. where to look up his assets like pension and stuff? My english not good so Its hard to navigate the system & I cant afford a lawyer but as his wife I should have rights. I can't afford his burial/cremation. What should I do?

Barry W. Kaufman · Answer

You will need to hire a probate attorney. The bank is correct. You do not get the $$ in his account merely because you were married. The probate court must determine your rights to his estate.

Jamy Barreau · Answer

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of first. I would suggest getting in touch with a probate attorney to help you navigate - especially in light of the fact that getting access might help you handle his final arrangements.

Phillip William Gunthert · Answer

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed, for most probate filings you will need a probate attorney as well. If there is a Will, you will want to make a copy and have the probate attorney review it. In Florida, any assets in the name of the deceased alone (here your husband), will need to be probated if there is no pay on death, transfer on death or other ownership interest that passes to you upon his passing. If there is no Will or other estate planning, then the Florida Intestate Statutes (without a Will) are going to apply. I would encourage you to make a list of the assets as well so the attorney can assess and advise you on what will need to be done. You will also need to look through his papers and mail, this will allow you to see what assets are owned potentially or accounts for retirement or otherwise that he had in his name and that you as his spouse would be entitled to in part or entirely based on the circumstances.

Stephen Arnold Black · Answer

You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or against the will. Either way you will inherit (at least your elective share) as Florida law forbids a spouse from being disinherited. Despite not having money to hire a lawyer, most probate lawyers only get paid after the will is probated after the court approves the testator distributions.

Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.