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If a married couple of sixty years had 2 offspring. And the husband leaves all of his money to one of the children,

Madison Heights, MI |

can the wife leave part of the couples money to the other? Since they are married, doesn't the money accumulated belong to both spouses?

Attorney Answers 5


  1. If you own separate assets-Yes.
    If all owned jointly with right of survivorship-the last
    remaining husband or wife control the distribution.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. You need to hire an attorney who specializes in inheritance law immediately.

    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

    I agree with the attorney's answer and you should get a lawyer.


  3. Unless you have a joint and mutual Will, you can leave your property to whomever you want. However, if you are married, your spouse does have a statutory interest in your estate. Usually, a husband and wife will each have their own wills, leaving all (or most) of their property to each other, and then to a child or children upon the death of the surviving spouse.

    If you survive your husband, you can do whatever you want with your assets. The same goes for him if he survives you. If you want to make sure that both of your children are beneficiaries of your estate, you should meet with an attorney to determine your options.

    Best of luck to you.

    John Keenan

    This response applies to Michigan law only. This initial response to your question(s) is for general purposes, only, and is based upon the limited information you have provided. Therefore, this general answer should not be relied upon as a reason for your action or inaction. This response does not establish an attorney-client relationship; such a relationship may only be established by the signing of a written retainer agreement, and the payment of the agreed upon retainer. Please call me, or another attorney of your choice, with more details, and for an appointment to discuss same. Thank you for this opportunity to address your question(s).


  4. How the property transfers at death depends greatly on order of death and how the property is held. If someone only owns joint property (such as a bank account in both names), then that property goes to the survivor, regardless of what the will says.


  5. Please consult with a probate lawyer so you can learn what your rights and options are. As mentioned before, there are many factors to consider.

    I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. You should not rely on this answer. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.

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