QUESTION
Who gets what in the death of a spouse?
Asked on Dec 20th, 2014 on Estate Planning - Michigan
More details to this question:
My father-in-law has made a typed will that is notarized, and has appointed an executor, but the will may not have been filed. Does this still qualify as a will? In addition, it appears from your site that if his will is not valid, he would be intestate and my mother in law may not be entitled to stay in the home after his death (it would have to be sold and split with his children)? The children are from a previous marriage and he wants to split his part of the financial assets with them. Does that also apply to joint savings accounts? How can my mother in law be protected? She has been the primary breadwinner through their marriage and is 78 years old. She is healthy generally and will need the house. She has little income. She has no problem with sharing his assets with his kids, just not hers. This came up as he is very ill. How do we protect her before his death?
4 ANSWERS
You should consult with a local attorney to discuss this situation further. It's difficult to answer questions like yours without looking at documents.
Answered on Dec 23rd, 2014 at 11:03 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First I advise you to contact an attorney immediately.. However it sounds like the will would be valid.. if it is properly witnessed (in Michigan wills are "witnessed by 2 disinterested witnesses.. not necessarily notarized) there is no necessity of "filing" it until after death Second joint bank accounts typically go to the survivor free and clear Third in Michigan without the will e.g. intestate your mother would get the first $50K plus 1/2 of the estate above that. she might also have a "dower" interest in the house.
Answered on Dec 22nd, 2014 at 1:10 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Sorry but I can not interpret a document without looking at it. Filing a will does not make it more or less valid. What your mother in law's share would be if there is no will depends on several factors, including the whole value of the estate.
Answered on Dec 22nd, 2014 at 1:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would strongly suggest that you contact an attorney with all of the details regarding this situation. Your father-in-law can certainly make a well but can only in that will bequeath property which is his. Depending upon the titling of property it may or may not be part of the probate estate. Generally, property which is titled to both parties in a marriage automatically, as a matter of law, becomes the property of the surviving spouse upon the first passing.
Answered on Dec 22nd, 2014 at 1:08 PM