Legal Question in Wills and Trusts in Michigan

Re: Surviving spouse will

You need to look to the will for your answer. If an heir believes the father was incapacitated at the time he made the will, then an heir can contest the will.

Re: Surviving spouse will

I agree with Ms. Guznack's answer. Also, when the wife died, she could only will property that was hers to will. Because the father is still alive, his property would not have passed to her yet. The wife cannot give away what she doesn't own. Additionally, the father can elect against his wife's will if it leaves her property to someone other than him. If he has Alzheimer's, most likely you will need to have someone act as his guardian for these matters. You really should contact an attorney to handle this for you. This is a complicated matter for a layperson to handle. Good luck! :)