My husband died and didn’t have a will, does his mother have any rights to his personal bank account?
1 attorney answer
I am so sorry for your loss. If your husband did not have a will, then his probate property will pass according to the law. Probate property is property that was held in your husband's sole name without a beneficiary designation. If your home was held by you and your husband jointly with rights of survivorship, then the home will pass to you by operation of law. Similarly, if he had any life insurance or retirement accounts with beneficiary designations, the property will pass automatically to the beneficiary.
In Connecticut, the distribution of probate property depends on whether your husband had any children (or other descendants). If he had children, then the property would be distributed among you, as his surviving spouse, and his children. The proportions depends on whether his children are also all your children.
If your husband did not have any children but he left a surviving spouse and a parent or parents, the surviving spouse (you) would be entitled to the first $100,000 of his probate property, plus 3/4 of the balance. The remaining property would be distributed to his surviving parent(s). Keep in mind that estate expenses are generally paid out of the probate estate, so the distributions would be made only after debts, expenses and applicable taxes have been paid.
This is a general answer, but as you can imagine there are a lot of things that are fact-specific for your situation. If you have concerns, you may want to speak with an attorney who handles estate administration in your area.