Emptying your spouses bank account - Dilemma

[JacklessSally]

Ok Wids,

 

I need your brain power.

 

My fiancee did not put anyone one his bank account information before he was killed. His mother went to close the account, but they could not release the remaining funds in his account to her. I have his wallet and his debit card and I know his pin number.

 

We still get balance notifications for his account and it still shows a positive sum. Can anyone see where we/I could get in to trouble for using his debit card, with his pin number, to remove the funds from his account. There is no reason for them to just sit there...

 

 

[gracelet]

This is illegal. Do NOT withdraw the money using his cards. You could be prosecuted and banged up in jail for fraud.

 

By the rules of intestacy, that money now belongs to whoever he willed his estate to, or in the absence of a will, the next of kin.  Whoever was granted probate will have to go to the bank to close the account and release the funds.  They'll require evidence of entitlement to do that (grant of probate).

[Mizpah]

Gracelet's right.  Don't do it.  It's fraud.  It's not a moral dilemma - it's a legal dilemma.  It's not really a dilemma, because there aren't two good sides.  There's only one: don't do it. 

[Guest AC]

It seems like a huge unnecessary hassle, but I tend to agree with Grace here. Someone here may know the rules in your region.  I would find out what the rules are and follow them. It is more work now, but could well prevent a huge kerfuffle down the road. I don't see it as a moral issue as much as a CYA legal move.

[JacklessSally]

This is illegal. Do NOT withdraw the money using his cards. You could be prosecuted and banged up in jail for fraud.

 

By the rules of intestacy, that money now belongs to whoever he willed his estate to, or in the absence of a will, the next of kin.  Whoever was granted probate will have to go to the bank to close the account and release the funds.  They'll require evidence of entitlement to do that (grant of probate).

 

Grace,

 

Thank you for responding dear. I can take this information to my mother out of law and let her know this as well.

I do have a random question for you.. So, my fiancee did not have a will, he and his wife (yeah..wife) were seperated for 5 years but not legally divorced (Paperwork was filled in October, he was killed in November). If no one (that we know of ) was granted probate, would that mean it was her?

[Mizpah]

I'm a lawyer, but I only know about rules in NY.  It depends on your state.  If he died without a will, the rules of intestacy (will-less-ness) kick in - in most states, spouse inherits everything.  It is likely there will need to be an executor or administrator of his "estate" in order for anything at all to be done about any of his accounts, etc. 

[singinmomo4]

Agreeing with everyone else here.  It will need to go to probate.  Unfortunately I'm thinking that the wife, although they had not been together for 5 years, will get everything since they were not divorced.  Good advice though not to take the money from his account. 

[Jen]

No advice here, but outraged at the suckishness of it all. I'm so sorry you have to deal with this crap. ((((HUGS)))