Full question:
My mother-in-law died May 30, 2010. She was the sole owner of a checking account and a CD. Not sure of the mount of money involed but probably less than $40,000. There was no will or letters of aministration or letters of testamentary. My mother-in was married but my wife was her only his child. Is my wife entitleld with a death certifcate to any of the funds of these accounts.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Kansas
Answer:
When a person dies, their assets are distributed through probate. If there is a will, an executor is appointed to manage the estate. Without a will, the court appoints an administrator to distribute assets according to state intestacy laws.
Some assets can pass outside probate, such as accounts with a named beneficiary or joint ownership. These are known as transfer-on-death assets and go directly to the beneficiary. Whether your wife can access the funds depends on if there were any named beneficiaries or joint owners on the accounts.
In Kansas, if a person dies without a will and is survived by a spouse and a child, the estate is divided equally between the spouse and the child (Kan. Stat. Ann. § 59-504). This means your wife would be entitled to half of her mother's estate, including the funds in the checking account and CD, assuming there are no other complicating factors.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.