In Michigan, who gets money (assetts) if husband dies?

Question

Ok, here is the scenario. This is both persons 2nd marriage. The husband has 6 children from the previous marriage and the wife has 2 children. They have no children together. After being married for 24 years the husband dies. Does everything automatically go to the wife. Are his children entitled to anything? What if they had a will? Would wife be entitled to everything still? I am looking for the legal point of view. Thanks

Answer 1

If the will leaves everything to the wife, then she gets everything.

Many married couples assume that each spouse's individually owned property will automatically belong to the surviving spouse if either of them dies without a Will.

Although this is generally true, if the deceased spouse has any children by someone other than the surviving spouse, the surviving spouse may receive as little as the first $126,000 and one-half of any remaining property.

In fact, this also applies if the deceased spouse does not have any living children, but has any grandchildren by deceased children from a former relationship.

Michigan Intestacy Laws

700.2101 Intestate estate.
(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this act, except as modified by the decedent's will.
(2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent that passes by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.

700.2102 Share of spouse.
(1) The intestate share of a decedent's surviving spouse is 1 of the following:
(a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.
(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.
(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.
(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.



(2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210. (See the current spouse's share amount here)

700.2103 Share of heirs other than surviving spouse.
Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent:
(a) The decedent's descendants by representation.
(b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent.
(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.
(d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.

700.2105 No taker; effect.
If there is no taker under the provisions of this article, the intestate estate passes to this state.

700.2106 Representation.
(1) If, under section 2103(a), a decedent's intestate estate or a part of the estate passes by representation to the decedent's descendants, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest to the decedent that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(2) If, under section 2103(c) or (d), a decedent's intestate estate or a part of the estate passes by representation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(3) As used in this section:
(a) “Deceased descendant”, “deceased parent”, or “deceased grandparent” means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under section 2104.
(b) “Surviving descendant” means a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under section 2104.

700.2107 Relative of half blood.
A relative of the half blood inherits the same share he or she would inherit if he or she were of the whole blood.

There is no statute granting the surviving spouse the right to take an elective share. The surviving spouse that is omitted from the deceased's will is entitled to the share they would be granted if the deceased had died intestate, unless it appears that the omission was intentional, or the surviving spouse was otherwise provided for. Mich. Comp. Laws Ann §700.126. (West 1995).

Answer 2

Intestate: First $150,000 to the wife and the balance between the wife and kids. Testate: with some exceptions, the will controls.

If there is real estate involved, you will need a lawyer.

Answer 3

If there's a legitimate Will, it finalizes everything. If not, theres a formula that is followed, leaving everybody a bit of everything, mostly to the wife.

Answer 4

it somewhat is an tremendously life like question. A majority of human beings i know % to be buried next to significant different #a million. it would desire to might desire to do with undemanding issues like having already offered a joint headstone, or it somewhat is the kinfolk plot. it would additionally might desire to do with the "old flame" element. enable's settle for it, you does not be married to significant different #2 if #a million had not died.

Answer 5

His children should (and will) come first, the wife second.

I have seen the wills being overturned.

Answer 6

Wife, but don't kill him, you love him, don't you?