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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

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

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Attorney answers 5

Posted

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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Asker

Posted

Thank you so much for you're answer you're not that far from our business and home so when the time is right I will call you hopefully it will be a long way off but we never know when these matters have to be taking care of thank you so much

James P. Frederick

James P. Frederick

Posted

You are very welcome! I would be happy to assist you in any way I can.

Posted

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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

Asker

Posted

Wish you weren't so far from Michigan but thank you so much for you're answer

Posted

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 appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

Asker

Posted

Thank you for you're answer I will see if he will consider making an appointment with me if not I will consider seeing you myself hopefully we have a lot of time together but we never know about life thank yoy

John F. Brennan

John F. Brennan

Posted

I await your call.

Posted

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.

Asker

Posted

thank you so much for youre time and answer time will tell hopefully my husband will do the right thing for all involved

Posted

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!

Asker

Posted

Thank you for you're answer I will try to get my husband to take care of this while we are both with each other thanks again

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