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Can I claim my deceased husband's bank accounts as his spouse?

Can I claim my deceased husband's bank accounts as his spouse?

Q: What should I do if my spouse died without a will?

If your spouse died without a will, state intestacy laws will determine how their assets are distributed. Generally, as a spouse, you would have a right to a significant portion of the estate. It's essential to consult with an attorney to navigate the probate process and ensure your rights are protected.

Q: How does living in a different country affect my inheritance rights?

Living in a different country can complicate inheritance rights. While local laws in the Philippines will apply to your situation, U.S. laws may still impact your rights to your deceased husband's assets. It's crucial to consult with legal professionals in both jurisdictions to fully understand your rights and obligations.

Full question:

Hi I live in Philippines. We were married year 2010 in Las Vegas and relocated in Philippines 2014. My husband passed away May 2016. He had a son in his first marriage & told me he had the last will of his dad in California but that was written before marriage. Can I still claim his bank accounts as a legal spouse even my name is not in the will?

Category: Wills and Estates
Date: 04/07/2025
State: California

Answer:

As a spouse, you generally have rights to your husband's property. Since you lived in the Philippines, local laws will apply to determine your rights. In the U.S., even if a will was created before marriage, spouses often retain rights to property, including bank accounts, regardless of whether their name is mentioned in the will. This means you may still be entitled to claim his bank accounts.

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.

FAQs

What are my rights as a spouse to my deceased husband's assets?

As a spouse, you typically have rights to your deceased husband's assets, including bank accounts, regardless of what is stated in the will. In many jurisdictions, spouses are entitled to a share of the estate, which can include property and financial accounts. Local laws will influence your specific rights, so it's important to consult with a legal professional familiar with the laws in your area.

Can a will written before marriage affect my inheritance?

A will written before marriage may not completely exclude you from inheriting assets. Many states have laws that protect spouses, allowing them to claim a portion of the estate, even if their name is not mentioned in the will. However, the specifics can vary based on local laws, so it's advisable to seek legal guidance to understand your rights.