Death without joint bank account

My brother-in-law died recently (Oregon)and left money in a bank acccount that was not held jontly with my sister-in-law. The bank told her there is no way she can have access to this account. My brother-in-law was in the process of trying to leave her set-up because of his impending death and had given her power of attorney on this account and she thought they had signed papers leaving her as beneficiary of this account - the bank says no. We are searching for a will and if not found doesn't she automatically get this money because she is the spouse? If a will is found naming her as beneficiary how long before she can access this account. They have automatic payments for their house and truck coming out of this account and the bank won't even tell her how much money is in the account. Will payments continue to be made until the money runs out? Do we have to go into probate over this one account? She thinks there is only approx $2,000 is this account.

Good news. Although the wife does not automatically inherit all a husband's property, she does get a share of it if there is no Will. The share depends on his state's law -- in some states it is 1/2, in others it is $50,000 plus 1/3rd, in others it depends on the number of children, in others on the type of property, etc. As I am not from Oregon, I can't tell you what she gets.

If the TOTAL estate is small, most states have relatively simplified procedures for settling them, sometimes by affidavit, with or without a Will. But it is not only the amount in the bank account, but all the probate estate.

Most banks freeze the account when there is a death of the sole accountholder. So she should ask the mortgage company to send her the mortgage bill and not try to deduct it.

If the total is only $2,000 go to the probate court and explain that and ask the clerk for help. If it is more, a lawyer can help at modest cost and save a lot of heartache.

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