QUESTION
If my husband had a will prior to our marriage, what am I entitled to if he passes away before he changes his will to include me?
Asked on Jan 24th, 2014 on Estate Planning - Michigan
15 ANSWERS
Business & Corporate Law Attorney serving Manchester, NH
Partner at
Wadleigh, Starr & Peters, P.L.L.C.
If you are his spouse, you are entitled to claim a statutory share before the remaining distributions are made to other beneficiaries.
Answered on Jan 30th, 2014 at 4:26 AM
Estate Planning Attorney serving Nashville, TN
at
Strickland Law, PLLC
Update Your Profile
You would be entitled to an elective share of his estate (10-40%), which would be based upon the length of your marriage at the time of his death.
Answered on Jan 28th, 2014 at 6:06 AM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
All the community property plus one-third of the rest.
Answered on Jan 28th, 2014 at 6:03 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You should be entitled to a widow's share per the intestate statute of the estate regarding inheritance.
Answered on Jan 28th, 2014 at 6:03 AM
3 Awards
That is a complicated questions. It depends upon many things, i.e., does he have a trust, what are the value of the assets that would be subject to probate, do you have a prenuptial agreement? I urge you to speak with an attorney as well as your husband. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jan 28th, 2014 at 6:02 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Unless the will says he is planning to marry, and that the will is not to be revoked, then the marriage revoked the will. You inherit half and his son inherits half. (Oregon answer, based only on the facts you stated).
Answered on Jan 28th, 2014 at 6:02 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It depends on your situation. How are your assets held? If everything is joint between you, then the Will is irrelevant. If all of the assets are in HIS name, then you would need to make an election to "take against the Will," and you would be entitled to 1/2 of your intestate share, which would be roughly the first $100k, plus 1/4 of the rest of the estate.
Answered on Jan 28th, 2014 at 6:01 AM
Thomas Edward Gates
You will need to retain a probate attorney to assist you. You are deemed a forgotten spouse and can claim part of his estate.
Answered on Jan 28th, 2014 at 6:00 AM
2 Awards
Probably something but it depends upon how long you guys were married and the nature of the property (community vs. separate). See an attorney.
Answered on Jan 28th, 2014 at 6:00 AM
2 Awards
1/2 of the community property plus life estate in 1/3 of the real property.
Answered on Jan 28th, 2014 at 5:59 AM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
A spouse has rights to a spousal award and rights of renunciation. Renunciation of the will grants the spouse 1/3 of the decedent's estate if the decedent also has children. The spousal award can vary depending on the needs of the spouse.
Answered on Jan 28th, 2014 at 5:59 AM
The terms of the will determine the distribution of the estate. However, many states also allow the surviving spouse a small portion of of the deceased spouse's assets.
Answered on Jan 28th, 2014 at 5:59 AM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
In Missouri, if a testator fails to provide by will for his surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he would have received if the decedent left no will, unless it appears from the will that the omission was intentional or that the testator provided for the spouse by transfer outside the will, and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator, the amount of the transfer or other evidence. In your case, you would receive 50% of his estate. His estate is whatever in his name only, without any beneficiary designation. Therefore, if he has a joint account with his son, upon his death, the joint account is not part of the probate estate and you cannot elect to take against the will for this asset.
Answered on Jan 28th, 2014 at 5:58 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Depending on whether you bought property together, you will be entitled to about $60,000 worth of his separate property and half of the community property.
Answered on Jan 28th, 2014 at 5:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, in Michigan you will have a widows election, if there is a probate estate.
Answered on Jan 28th, 2014 at 5:58 AM