Adoptive father died intestate with $34k credit card debt and $37k cash. I am on ODSP and facing eviction. Can I claim the funds?
Just some background: A family member adopted me after my single mother died when I was a child. Recently that same family died leaving around 37k in his bank account, but he owed his bank roughly 34k. He did not leave a will, though he left his son around 10k through a life insurance policy.
I am an adult now and on ODSP and relied on his financial help a lot. He paid my phone bill and helped with groceries constantly, among other things. I would pay him rent and help him with a lot of things like mowing his lawn, going to the drug store for him, taking him to appointments, etc. We were extremely close.
He also had a wife, and from what I understand she would be the one to get whatever was left of that 37k after the credit card debt was paid off. Since he died she said she was going to sell the house but I couldn't go with them, which means I'm facing eviction and possible homelessness because I cannot afford an apartment with the money I get.
What I need advice on: After doing some research I heard of ways I could be given priority over the credit card company through the "Succession Law Reform Act" and the "Creditors Relief Act". I also talked to his wife about her signing the right to the money over to me, and in exchange I would give her around 5 or 6k. I'd get enough to move out and support myself for a couple of years, and she'd get more than she would have normally so it's a win-win.
My question is how much of that is actually true? I don't think I was ever written down to be dependent on him on any official documents but I have receipts going back a few years to prove it, would that be enough? Is there a way to structure this so I do not face an immediate asset-limit suspension or an unapproved asset-transfer penalty when I give my aunt a portion? I've already talked to a lawyer about setting up one of those accounts that would let me keep the money without it affecting my benefits. Do large credit card companies actually spend the money to hire litigation counsel to object to a cooperative, low-value ($37k) dependency claim, or do they usually write it off?
I also used the LRS to speak to an estate litigation lawyer but when I asked him if those acts apply to me in this situation he literally said "I don't know", so that wasn't very helpful. Any advice would be greatly appreciated, thank you.