Legal Question in Wills and Trusts in Michigan

Are my Mothers' assets included in her Will?

All my Mothers assets are either held jointly with her sister or 'Payable on Death' to her sister. My Mothers' will reads 'all assets at time of death are to be divided equally between 5 children & sister'. My question is: Does the ownership of all the assets become her sisters, when Mother dies & therefore not part of the will's assets to be divided 6-ways? Or are my mother's assets at the time of her death, regardless of ownership, to be included in the will & divided accordingly?


Asked on 7/17/08, 4:47 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Are my Mothers' assets included in her Will?

Any assets held jointly with another person go to the survivor upon the death of the other.

Anything not jointly held, or otherwise not specifically devised (left) to anyone in the will or through other instructions (such as life insurance proceeds), would be considered the "residue" of the estate to be divided as instructed in the will, which in your case, is between 6 people.

If there is some confusion already, you should hire an attorney to review your mother's will and perhaps clarify her intentions so there is no dispute later on.

Thanks.

Read more
Answered on 7/22/08, 9:51 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan