Legal Question in Wills and Trusts in Michigan

Re: rights of children of remarried father

Hello, I have received a copy of your e-mail regarding your father's death. Much depends on whether your father had a will and whether the specific asset was in your dad's name. These are the rules: One, if the asset was in your dad's sole name, that asset must be probated. If there was a will, that asset will be disbursed pursuant to the will. If there was no will, that asset will be distributed to his heirs (wife, parents, children) according to a specific formula. However, the laws of Michigan favor the surviving spouse who receives a family allowance and other benefits before the balance of the estate is distributed. That means that if the value of the assets in your dad's sole name is limited, the other heirs may receive nothing.

Two, if the asset was held jointly by your dad and another person, that asset immediately goes to the other named person. There are a few very limited exceptions to this rule.

You should consult with an attorney if you want additional information. My firm would be happy to discuss this with you. Feel free to call me or my associate, Karen Crusse if you desire. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800