Legal Question in Wills and Trusts in Michigan

Re: Living Will or Trust for Married Persons

Your spouse.

Re: Living Will or Trust for Married Persons

I noticed the answer to your question. I do not agree with the other attorneys answer. If you were to die without a will and your assets are in your individual name without a co-owner, beneficiary or in a trust the assets will pass thru pobate. If you die without a will (intestate) then it depends if you have children and if they are a product of your marriage or not. Here is a good explanation. Michigan Intestate Succession:

A surviving spouse takes the following portion of an Intestate estate:

a) All of the estate if there is no surviving parent or descendant of the deceased.

b) The first $150,000 plus three-fourths of the balance of the estate (if any) if

there is no descendant of the deceased surviving but there is a parent

surviving.

c) The first $150,000 plus one-half of the balance of the estate (if any) if the

deceased is survived by any descendants, and at least one of them is also a

descendant of the surviving spouse.

d) The first $100,000 plus one-half of the balance of the estate (if any) if the

deceased is survived by any descendants, and on one of them is a descendant

of the surviving spouse.

then if the assets are joint they all pass to the surviving spouse and when that spouse passes they then go thru probate. There is a better way. Look at a living trust. Visit our website. I can be contacted thru [email protected].

I am not that far away from Richmond.

Don