How do I obtain items my deceased husband's personal property? 7 Answers as of January 27, 2012

It sounds like you need to get the probate court involved. You should meet with an attorney to address the status of the probate, if any. If a probate has not been opened, one probably needs to be opened.

Any interested party may initiate a probate proceeding in Wisconsin. Once the proceeding has been initiated, a judge will order a complete discloser of all assets, and ultimately the judge will also order the final distribution of such assets, taking into consideration the provisions of your husband's will and any martial property interest you may have. You may visit the Register in Probate's office for your county to obtain information, and/or you may consult with a probate attorney to discuss the proceeding and the estimated legal fees involved.

The Will must be probated. The Executor must follow the terms stated in the Will for distribution. If he refuses them you file a complaint with the probate court. You may want to hire a lawyer to assist you.

These are issues to be referred to the Personal Representative of the estate. If the step-son is the Personal Representative, it is his duty to carry out the obligations of a Personal Representative rather than act in his own self-interest. Your issues may need to be brought before the court conducting probate.

Probate the will. The probate proceeding is the forum in which all these issues would be worked out.

In Michigan as in most states, as a widow you can either take under the will or elect to take under the statute. If the personal property is yours, you should make a claim with the probate court for it and the boat. Claims for property and services provide to a decease can be time-barred if the claim is not submitted within the time provide by the notice published by the estate.

The executor of the estate named in the Will have the responsibility to gather all of the property together that is in the estate and to return property to the legal owner if the property does not belong in the estate. So you should file a claim in the estate with the executor and force the return of your property.