If my husband dies, does his home go to me his wife in michigan

Asked over 5 years ago - Auburn, MI

need to know legally if a husband passes does the wife automatically get the home in the state of michigan

Attorney answers (2)

  1. Timothy J. Klisz

    Pro

    Contributor Level 18

    Answered . this is a plea question. If the wife is on the deed as wife, she becomes the automatic owner of the home. If she is not on the deed, the home will go through probate. If the husband has a will, you follow what the will says unless the husband is attempting to disinherit the spouse. In that case, the wife can take elective shares. This is obviously a simple type answer and I would encourage you to visit www.kliszlaw.com to discuss in detail. Tim Klisz

  2. Geraldine Anne Brown

    Contributor Level 14

    Answered . If you held the property in joint tenancywith your husband, you will take the home automatically. If someone else had joint tenancy rights with your deceased spouse, they will have rights to the house because the right of survivorship takes precedence over the dower rights of the wife.
    I your husband alone owned the house, it will be in his probate estate. Regarding the assets in his probate estate you have three choices:
    1.) you may abide by the terms of his will if he has one.
    2.) If you do not like the terms of his will, you may elect to take what would have been your share under Michigan law ("Intestate Share).
    3.) You may elect to take your dower rights under Michigan Law. This dower right is the use during her life of 1/3 of all the lands owned by her husband during the marriage, except from those from which she is barred (usually because they were owned jointly with someone else or because she gave permission for their transfer.

    I she elects against the will to take an intestate share,
    1.) if the spouse has no surviving descendants or parents she takes the entire estate,
    2.) other than that she is entitled to the either first $100,000 or $150,000 plus a percentage depending on whether the deceased had descendants.

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