Legal Question in Wills and Trusts in Michigan

Re: Ex-Husband passed away and I am still on house

First, the comments I provide below is no replacement for getting legal counsel. Please do not rely on anything without getting advice specific to the actual facts in your case. The best overall recommendation I can make based on your questions is to seek legal advice allowing the attorney to review each issue and provide you with guidance after such review. However, to help give you some general ideas I have restated what I believe your questions are and I have provided some general comments related to the facts you gave.

Question - Are you the owner of the house since your name is still on the deed?

Comment - You may be the owner unless something else affects title to the house such as your divorce decree. For example the order of judgment generally includes language obligating each party to sign all necessary documents to effectuate the ultimate property settlement.

Question - How will your ex-husband's debt be handled?

Comment - Known and unknown creditors have a right to make claims against the estate. If he had a will (or no planning at all) to determine title to any assets that do not pass by title (joint ownership) or beneficiary designation are subject to probate. Creditors will be required to receive notice. After priority distributions from the estate, including for example funeral expenses and cost of estate administration, if no money is left to pay creditors, then debts will be discharged. If he had a fully funded trust, the trustee should provide similar notice to creditors in order to avoid personal liability.

Question - Who is entitled to receive your ex-husband's personal property?

Comment - Personal property will go according to provisions in his will or trust (if he had one). If no will or trust, then personal property would typically go to his heirs at law. Based on your facts, it sounds like his daughter is his heir at law. Therefore, unless otherwise disposed of differently by will or trust - the personal property appears to go to her.

Question - Does your personal property go to you?

Comment - Yes. However, in my experience, dispute over what belongs to whom is quite common. Addressing this issue early to avoid later problems is generally a good idea.

Question - Who gets your ex-husband's bank account?

Comment - Bank accounts generally are past through joint ownership, transfer on death beneficiary designations, or to priority creditor(s) (for example, person who paid funeral expense), general creditor(s), person(s) named in will or trust, heirs at law - in that order. Based on the facts you gave - the small bank account will likely go to pay expenses or creditors.

Hope this helps.

Re: Ex-Husband passed away and I am still on house

The divorce judgment will determine your rights to the house. Of course, if your ex-husband had a will giving you his property and that will was not updated, it automatically will remove you from the will due to the divorce. William S. Stern