Can a wife access a checking account that is only in her husbands name? Her name is beneficiary only?

To add to the other comments that have been made, a Power of Attorney could easily and inexpensively be prepared, which could allow you access to each other's bank accounts as well as other financial interests. It may also be in your best interests to update your accounts and consider co-ownership with rights of survivorship, it is difficult to know what your goals are based on this posting alone. Topics like this are best explained with a dialog, you should consider speaking with a local Estate Planning attorney to discuss your options. Generally, Estate Planning attorneys should all have a form General Durable Power of Attorney, it just takes a few minutes to add in names, and to explain the difference between a General Durable Power of Attorney and a Springing Durable Power of Attorney. If you are getting Wills done as well, many Estate Planning attorneys include a Power of Attorney and an Advanced Medical Directive for free with the Wills. Generally, Virginia's intestate laws (when a person dies without a Will) pass all assets to your Spouse and then to your Child(ren) (if there are children with a parent other than the current spouse, then this is different). Although the assets may eventually make it to the beneficiaries that you would like to name, it would be easier if there was a Will, and/or if the financial accounts were updated naming each Spouse as a co-owner with right of survivorship. Financial institutions generally require an Executor to be named through the courts in order to transfer ownership of a solely owned account. This can cause added expenses and delays in transferring ownership which may not be required with properly planned and executed estate planning.

Hi, I agree with the fine counsel received to date. I can add that each state's laws of intestacy provide a plan of distribution for those who die without a plan of their own in place. These 'default' plans often have disastrous results that are not anticipated by the family. Now don't gloat because you were right; do encourage your husband to take action to protect the family.

I don't care if you've been married a hundred years; your husband is wrong. NOBODY can lawfully access another person's bank account unless she is a co-owner, has power of attorney, or bank forms/online forms are completed to give her access. The estate may go to spouse and child, but it will be MUCH more expensive to settle w/o a will than with a will. Finally, if a spouse becomes disabled, you'll spend a fortune on court guardianship proceedings that could be avoided with POA and health directive. Spend a couple thousand now to have an elder law/estate planning lawyer help you plan and document your affairs now and you'll save a lot lot more later.

You mention wanting to protect your assets for your only daughter. The biggest risk to your assets is that you or your husband have a high probability of ending up in a nursing home, which can cause catastrophic expenses that will completely drain your estate. To protect against this risk, you and your husband need to consider doing Medicaid asset protection. If you are over 65 and still relatively healthy, a Medicaid asset protection trust might be the appropriate document for you to have created. If you are both under 65, you might want to consider long-term care insurance as an asset protection strategy. Additionally, you and your husband both need to have incapacity planning documents in place, including a financial power of attorney and an advance medical directive for both of you. Without a financial power of attorney in place, one spouse will not be able to access the bank account that is in the name of the other spouse during the other spouse's lifetime. And experienced elder law attorney can assist you with all of these matters.