QUESTION
Language for leaving estate to only surviving children.
Asked on Apr 02nd, 2013 on Wills and Probate - Michigan
More details to this question:
My father intents to write his own will. He has a total of 5 children with only two surviving. His intent is to leave the estate to only the surviving children. I have heard of a Simple will with no right of (Some wording)____ that would insure that his estate only goes to the 2 survivingchildren and not to the heirs(children) of the deceased children. Where do I find that wording for the state of MIchigan. He also owns no physical property except a car. Does the car need to be left to someome or would this make it go to probate. He owns the car free and clear.
1 ANSWER
Criminal Defense Attorney serving Williamston, MI
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An individual must survive the decedent to inherit, thus those who have already died (and their heirs) have no right to any claim on the father's estate (unless his will specifically grants them One). However, the simple solution is to include langauge leaving the estate specifically to the intended heirs "provided they survive me".
Answered on Apr 03rd, 2013 at 10:07 AM