QUESTION

If your dad is remarried after the death of first wife and married less than 10 years, what can be do about property?

Asked on Jun 02nd, 2014 on Estate Planning - Michigan
More details to this question:
What is the law regarding property from death of parents and the father remarries and die? He was married less than 10 years and has no will.
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3 ANSWERS

Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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Length of marriage makes no difference. One day of marriage means they were "married." The assets would pass under the intestate laws and depending on whether the wife takes exemptions and allowances, she would be entitled to roughly the first $200k of assets and half of the remainder. Of course, this refers only to "probate assets," which are assets titled in your father's name ALONE. Any assets which were jointly held or which named the wife as beneficiary automatically pass to her, and they are not counted as part of the figures above. Most of the time, married couples hold title to their assets jointly. If that was done in your case, the children would not be entitled to anything. I am very sorry for your loss.
Answered on Jun 05th, 2014 at 6:16 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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it depends on the State laws of intestacy. In Michigan, generally, half of his estate will go to his second wife, the rest divided among his children. See an attorney before the property disappears.
Answered on Jun 05th, 2014 at 6:16 PM

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Criminal Defense Attorney serving Southfield, MI
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There are laws about this specifically but you did not give enough detail. His new wife inherits him but not 100%, depending on the value of the estate.
Answered on Jun 05th, 2014 at 6:16 PM

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