We live in Michigan. My husband says we don't need a will, that if he dies, all will auto go to me.

You are correct. Without a Will, SOME of the money will go to the children, upon your husband's death. You will need to go through probate. Under the current Michigan intestacy laws, you would be entitled to about $130,000, plus 1/2 of the remainder of the estate. The children would receive the rest.

Rather than a Will, it would be better for you to consider a Trust or some other form of holding title to the assets, so that probate is not necessary, upon the death of either spouse. Please feel free to visit my website. I have a great deal of estate planning and probate avoidance information posted there. Please feel free to contact me if you have additional questions or concerns.

You should also both have General Durable Power of Attorney forms, so that you can act on each other's behalf, if either one of you becomes incapacitated.

James Frederick

Here is the Michigan statute that explains where how the assets will be divided if your husband dies without a will and if there are assets in his name alone without a named beneficiary. See http:\\www.mymacombplan.com for free reports that explain options, such as a revocable living trust.

ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT)
Act 386 of 1998


700.2102 Share of spouse.
Sec. 2102.

(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.


History: 1998, Act 386, Eff. Apr. 1, 2000
Popular Name: EPIC