Legal Question in Family Law in Michigan

Surving Spouse

My father owns a home which has been paid-off prior to him getting remarried. He has four children. If he was to pass away, would his survivng spouse be entitled to the house in which they currently reside in or would the house go to his four children? Does the State of Michigan law allow the survivng spouse to live in the house if his children want to sell it? Thanks.


Asked on 8/17/06, 10:43 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Surving Spouse

If the house is solely in your father's name, the wife gets the first $160,000 and after that, the proceeds or value of the house would be divided between the wife and the kids. In addition, she would be entitled to widow's allowance and get additional sums. If this is an unacceptable result, you'd better talk to your father. I do inexpensive, simple estate planning. William S. Stern

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Answered on 8/17/06, 11:25 pm


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