Legal Question in Wills and Trusts in Michigan

Re: surviving spouse rights

I assume that none of his children are yours too, your husband did not leave a will, and that your name is not on the mobile home or property. Another important question is whether the property was purchased during your marriage; if so, then you might have a "dower" right.

As the surviving spouse, you are basically entitled to about the first $15,000 of your husband's estate (after costs and expenses of administration & burial) as your homestead allowance. Also, after taxes and claims of creditors, you would get the first $100,000 as your spousal share of the Estate and 1/2 of anything beyond that amount - his children would get the remaining 1/2. If you were to pay the taxes due on the property, you would become a creditor and be entitled to reimbursement.

Based on your question, it does not appear that your husband had much more than $100,000 in assets, if at all. As a result, his children should not be able to take the mobile home and property from you - this does not mean that they will not try. If you are truly concerned, then you should probably speak to an attorney directly and review all of the facts.