what are a widower's legal rights when his now deceased spouse ran up the joint mortgage and put the money in her own account - since his name is XXXXX XXXXX the account, he can't get any information or his money back
Country relating to Question: United States
State (if USA): Michigan
Hi - my name is XXXXX XXXXX X'm an Estate Law attorney here to assist you.
Because Michigan is not a community property state, the husband isn't entitled to access to the spouse's account unless he is a joint owner.
He can still get to the account and money, but it will take court intervention. In order to access this account/money, the husband will have to file a petition to probate/administer the spouse's estate and be appointed as the estate representative.
Once a court order is issued granting the husband the right to act as the estate representative, he can gain access to the wife's account and money and use that money to pay the debts of her estate and/or distribute the money to the wife's heirs at law.
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