Legal Question in Wills and Trusts in Michigan
No Will-Stepchildren Suing
My husband just passed without leaving a will, we were married 15 years. He left 3 children that gave him nothing but grief the last 8 years. His daughter hasn,t spoken to him in 8 years and both sons are alcoholics. Everything we had is in both of our names, but I now hear the children are suing me, what if anything are they entitled to.
3 Answers from Attorneys
Re: No Will-Stepchildren Suing
Hello, I have received a copy of your e-mail regarding your husband's unfortunate death. The answer to your question is that, in the absence of undue influence--something that would be almost impossible to show in a husband-wife situation--joint property goes to the survivor. Therefore your husband had no separate assets to which his children have a claim. Feel free to contact us if a law suit is actually filed. Estate litigation is one of this firm's major areas of concentration. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)
Re: No Will-Stepchildren Suing
It is unfortunate that you have to deal with somthing like this while you are grieving the loss of your husband.
Generally, jointly held assets pass to the survivor. Given the length of your marriage, it is unlikely the children would be successful. This does not mean they won't file a lawsuit.
Our firm has handled litigation matters similar to this. They may just be bluffing, but, if you are actually served with a lawsuit, feel free to contact us. You can learn more about our firm at www.probateprince.com.
Best Regards,
Pat Prince
Re: No Will-Stepchildren Suing
Chances are, they are entitled to nothing. You need a good trial attorney familiar with the probate court. If you wish, give me a call at 248-353-9400. Bill Stern
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