Legal Question in Wills and Trusts in Michigan
rights of surviving spouse
I have been married for about 8 yrs, my husband has 4 children from his first marriage, and 2 step children from his second marriage {wife died} and we now have a child together.{7 yrs old} I wanted to know if he was to die, can his children sue me for anything? as of right now, we have no will or trust. The mortgage is in both of our names.{most of the house would get paid off through ins.policy}we have 2 joint bank accounts, but our vechiles are both in his name only. please tell me what they can and cannot do. thank you very much.
2 Answers from Attorneys
Re: rights of surviving spouse
In Michigan, the wife gets the first $150,000 and the wife divides the remainder with the kids. She also can get some additional amounts, for widows allowance, etc. Most of your stuff will bypass probate anyway and pass to you directly, such as the house and joint bank accounts. So don't worry about it. William S. Stern
Re: rights of surviving spouse
If he were to die, you are the surviving spouse and have rights to all real property and personal property, and his children would not get those assets. However, if he has set up any insurance policies, IRA's, etc that list his children as designated beneficiaries, they will get those particular assets. I urge you to get some estate plannng documents done. I would be happy to guide you in the right direction on that and answer your questions. You can email me or call me (see my profile), Katie Jackel,Esq.
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