Legal Question in Family Law in Michigan
fiance's legal rights
If fiance died before we are married, does his spoiled, selfish children get what we have in our household (i.e. furniture, cars,etc) if we do not have a written legal argreement? (we are in the process of buying a house and getting married). He is now putting my name on as beneficiary but his children are the contingent beneficiary -- what does that mean? If he died before alimony is paid, does x still get the whole amount on the one policy that is still in her name and then the kids? thank you.
1 Answer from Attorneys
Re: fiance's legal rights
It depends. If a person dies with a will then the provisions of the will are followed. If a person dies without a valid will then the laws of intestate succession come into play and the estate is divided accordingly.
AS to the household items you referred to, if you were living together and the items were purchased by you they would be yours. If you had purchased them jointly they should be yours as well. If they were his exclusive property then they would be part of his estate. The cars should have a title, whose name is on the title? A simple way to provide some security in the cars for you is to have his cars titled in both your names. Of course this can have a negative effect for you on taxes when the item is eventually sold than if it were made as a testamentary gift to you. The house can be titled in both your names with rights of surviorship. If something were to happen to you then the children as contingent beneficiaries would receive the gift.
Insurance is a contract and the proceeds would be distributed accordingly. Normally, after divorce there is a provision in the judgment that the ex-spouse is not entitled to a share/distribution of the insurance policy. Of course there could be a provision in the judgment that provides for him to maintain a policy with her as a beneficiary on behalf of his minor children for a period of time to correspond to his support obligation. You both need to speak with an attorney that you trust to make a plan for you estates both prior to and after your marriage.