Q: I have a question about getting property back from an estate where the person died without a will.
My ex husband and I were married for 15 years. We divorced in 2015. In 2016, my ex husband and I had moved back in together into the home we shared while we were married. If Feb 2018 we had a fight and he filed a restraining order against me, preventing me from returning to the house and getting my property out of the house. In June 2019, he died without a Will. When he died, he also still owed me 17 more months of spousal maintenance. I do have an email from him stating I can have my property back if I dropped my request for additional spousal maintenance. I also have a copy of the check I wrote for the minivan. After my ex's death, his son took property from the house, some of which was mine (including a minivan, firesafe, misc other items). What is the proper course of action in order to legally obtain my property from my late ex husband's son?
A: You may have to open a probate as a creditor of the estate, but I would suggest starting with correspondence to the son about this. Perhaps a letter from an attorney might help resolve this without going to court.
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