Welcome! Thank you for your question.
Unfortunately the only way you are going to get access to his savings account and van are to go through the probate process. The account and title of the van will require someone to be appointed by the probate court as administrator to transfer those assets to the heir
(s) of the estate
As a spouse you may be entitled to a large portion, or all, of the assets despite the credit card debt. This does not apply to the home since the debt is secured by the home.
The following rights are accorded to a surviving spouse under Michigan Law:
- The right to receive a family allowance, the amount of which is in the discretion of the Probate Court;
- The right to receive a homestead allowance in the amount of $10,000 (under EPIC, the homestead allowance is $15,000);
- The right to receive exempt property, such as personal and household items, in the amount of $3,500 (under EPIC, the exempt property allowance is $10,000);
- The right to remain in the marital home for one year after the death of the other
I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.
Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.
I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."