Legal Question in Wills and Trusts in Michigan

Life estate

My father passed away recently. He purchased/owned his home prior to marrying his current wife (only his name is on the title, and perhaps my mother who passed away some time ago). His will (written recently while he was married to his curent wife) states that following his death she can live in this house the rest of her life if she chooses, but at the time of her death (or if she doesn't live in the house for at least 6 consecutive months in a given year) the house goes to me and my brother. My father has no debt. With this said, can she sell the house? There is also a clause in the will stating that he ''makes no provisions for his wife''. Does this hold any water in Michigan, or is she still entitled to something by law? The intent was to keep his things sepparate from hers, but I'm not so sure that she won't decide to hold on to some of his things. Thanks.


Asked on 8/22/02, 12:11 am

1 Answer from Attorneys
John C. Talpos Talpos & Arnold

Re: Life estate

Hello, I have received a copy of your e-mail regarding your father's estate. The more complete answers cannot be easily answered through an e-mail. However, the quick answers to your 2 questions are: One, technically your dad's wife can "sell' her life interest in the home. However, that interest lasts only for the duration of her life and then title reverts to you. Obviously if there is a provision in the will that she reside in the house for 6 months out of the year she is limited in her ability to "sell" that interest. Two, a person cannot completely disinherit his/her spouse. There are several statutes on point. If you would like more detailed information, please feel free to give me or my associate, Karen Crusse a call. Good Luck, John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800

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Answered on 8/22/02, 6:08 am


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