I have been married to my husband for 7 yrs he's much older than me 83 I'm 50 he has 4 children what's my widow rights

Asked 11 months ago - Mount Clemens, MI

He has a home purchased before marriage that has a home equity am I responsible for that and he has a small business inc before marriage he refuses to do a will now in the event he passes a way before me without a will what's the Michigan law after 7 yrs what's the percentage of the estate

Attorney answers (5)

  1. James P. Frederick

    Contributor Level 20

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    Answered . It is not possible to answer your question without more information. How are the assets titled? Are they in your husband's name alone? Are assets jointly held?

    Without a Will, any assets titled in your husband's name alone would pass through probate, under the intestate laws of Michigan. You would be entitled to a household allowance, family allowance and exempt property allowances worth as much as $60k. You would also be entitled to roughly the first $130k of assets, plus 50% of the remaining assets. The kids would get the other 50%.

    There is more to estate planning than just a Will. You both really should see an estate planning attorney. If your husband refuses to do so, then YOU should see an estate planning attorney on your own.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. John F. Brennan

    Contributor Level 19

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    Answered . I agree with Mr Frederick, there are many questions to be resolved before an opinion can be formed you should counsel with an attorney even if he will not cooperate.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  3. David B. Carter Jr.

    Pro

    Contributor Level 20

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    Answered . If he dies without a will, what he owned before the marriage does not matter in the distribution. You will be entitled to all the property as set out by statute. Mr.Frederick has outlined this for you.

  4. Julie Aletta Paquette

    Contributor Level 15

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    Answered . As has been previously explained, ideally you and your husband should sit down together and go over your estate with an estate planning attorney. During this meeting, the law will be explained to you about how joint property transfers after death, how trusts and wills works, etc., and then what your options are to achieve your particular objectives. If your husband isn't interested, then at least you should meet with someone and get all your questions answered. Good luck to you!

  5. Joseph Michael Pankowski Jr

    Contributor Level 18

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    Answered . Attorney Frederick has provided you with a solid answer. If you and your husband see eye-to-eye on your combined estate planning goals, then I strongly urge you to meet with an experienced estate planning attorney to make sure that things go smoothly after your husband's passing. Good luck to you and your husband.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more

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