In
Michigan, someone who dies without a will dies "intestate." Without a will, the heirs are determined through the rules of "intestate succession." If the decedent died intestate,
these rules determine who will ultimately receive the decedent’s intestate "probate"
estate*. There are several general
rules of intestate succession, and I've highlighted just the couple that are
probably relevant to most of you. First, there are statutory allowances for spouse and dependents that are taken off the top.
Then, apply the following:
Then, apply the following:
A
surviving spouse receives the following:
If
a decedent leaves no descendants (children) but leaves a surviving parent, the
surviving spouse is only entitled to the first $221,000 of the decedent’s
intestate estate. The surviving spouse
then receives only three-quarters of the balance and the surviving parent(s) receives one-quarter of the balance.
If
all of the decedent’s descendants are also the surviving spouse’s descendants (children),
then the surviving spouse can receive the first $221,000 of the
decedent’s intestate estate. The
surviving spouse then receives 1/2 of the remainder and shares the balance
equally with the decedent’s descendants (children). What this means in
clear language is that if Dad dies, Mom inherits the first $221,000 plus 1/2 of
the residue and has to give the rest to her kids.
Sound complicated? It is.
Having a will can "override" the defaults of the law mentioned
above. If you want your surviving spouse
to get everything -- You can do that, in a will (or trust).
* Probate Estate: Those assets that do not pass by operation of
law to someone designated to receive them (i.e. life insurance policy) and are
titled in only the name of the decedent, thereby requiring a probate estate to
be opened for the decedent.
Do YOU need a will? Call me.
Do YOU need a will? Call me.
Attorney Clay Wittman, www.wittmanlegal.com
Probate and Estate Planning
