Legal Question in Wills and Trusts in Michigan
Beneficiary
My parents had a will made up years and years ago leaving everything split between my brother and myself. My brother has since passed away. He has four kids (2 from one lady, 1 from an ex-wife and another from his current but separated wife). He was never divorced from his 2nd wife, but they were separated for many years. If my parents do not get this will updated, is his wife and/or children entitled to his half or would it all come to me as the only living child?
I'm am not being greedy - but if his half went to them, the kids would never see it and it seems to be with his social security right now. I want to make sure that my nieces and nephew get their fair share when they are old enough, not their mothers.
2 Answers from Attorneys
Re: Beneficiary
I think it would be in your parent's best interest to contact a lawyer to have a new will drawn-up that reflects their present intentions on the disposition of their estate since your brother is now deceased. Having a will reviewed and updated every few years isn't a bad habit to get into to avoid unforseen difficulties arising.
If I can be of any assistance do not hesitate to contact me directly.
Kindest Regards,
Geoff Lahn (734) 944-2269
Re: Beneficiary
If the will says where your brothers share goes if he did not survive, then that controls. If the Will is silent, then your brother's share will pass to his children (not his wife). With regards to his children, the two who were born out of wedlock may or may not be included depending on whether they were acknowledged as his children. Finally, while the children are minors, their shares will be held and managed by a conservator (to be appointed by the Probate Court), unless a testamentary trust springs out of the will for them.
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