Legal Question in Wills and Trusts in Michigan
last will and testament
my father is married to a woman who is not my mother. He made a will and had it notarized w/3 witnesses. He would like to leave me his half of real estate and belongings. How do we go about making this legal, She does not know it exists...and would be angry to know that he did this.
2 Answers from Attorneys
Re: last will and testament
In Michigan the law is very liberal on the drafting of wills. Typically, a will is drafted by an attorney, signed by the testator, witnessed and notorized. In Michigan, holographic wills are recognized. A holographic will is a will written out in the testator's handwriting.
In order to insure that the will is in proper legal order you may want to have it reviewed by a qualified estate planning attorney or have an attorney re-draft it. Furthermore, you should be aware that law recognizes the rights of a surviving spouse. A surviving spouse under the law is entitled to receive a minimum percentage of a deceased spouse's estate. Real property also has its own special qualifications.
Good Luck and if we can be of assistance in anyway please contact us.
Re: last will and testament
How is the property titled at present? If there are rights of survivorship, then the real estate will go to the survivor.
If you need more specific answers or would like legal representation, please contact me at www.lawrefs.com or www.walshlawpllc.com.
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