Legal Question in Wills and Trusts in Michigan

Calculation of wifes Inheritance

My dad died w/ a will in place. His wife was left out of the will, but she has elected against following the will. When calculating her share (1/2 of intestate share reduced by 1/2 of the amount of property that she received from my dad outside of the will), should a condo purchased during their marriage and a life insurance policy (w/ her as beneficiary) be included in the portion counting against her? My dad purchased the condo w/ his money and placed both of them on the title. The way I understand the law, half of the condo value and the life insurance policy should be included in the deduction. At the very least, since half of the condo was my dads, I would think that half of his half (1/4) of the condo would count against her. Please clarify. Thanks.


Asked on 10/08/03, 4:28 pm

1 Answer from Attorneys
Gary Weingarden Gary D. Weingarden

Re: Calculation of wifes Inheritance

You got it. The life insurance proceeds are counted as is your father's half interest in the property. So she would get half of the intestate share less 1/2 of the value of the insurance proceeds and 1/4 of the value of the condo.

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Answered on 10/08/03, 4:51 pm


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