Legal Question in Family Law in Michigan

It sounds as if your husband did not create an updated Will after you were married. If not you have a priority issue between spousal share vs beneficiary to a Will. If the real estate was titled solely in your husband's name, the Will is still valid and the Will states his son is to get the real estate then it should go solely to him, with some exceptions. A spouse can not be cut completely from inheriting their spouses estate. There was a Will in place that was prior to your marriage so you are named in it at all. You as the surviving spouse are entitled to a certain % of the estate known as the spousal share. This is for assets of the estate of your husband. Anything that is jointly owned and either commingled (bank accounts) or held in both names with rights of survivorship then that asset would simply pass directly to you without having to even go through Probate Court. Since the real estate sounds like it is in your husband's name only his estate needs to be probabated in the Probate Court of the County where he resided at the time of his death. This is something that you should hire an attorney to do. Aldrich Legal Services, PLLC specializes in Probate matter, along with Family Law, Real Estate matters, Bankruptcy and other areas of law. If we can be of service to you please visit our website at aldrichlegalservices.com or call me directly at (734) 404-3000.