If a person dies without a Will in the State of Michigan, which is called dying “intestate”, then the person’s assets are divided in accordance with the Michigan Laws of Intestate Succession. These laws apply to assets the decedent held in his or her name alone. Assets that are jointly held with another, have a named beneficiary or are held in a Trust are not subject to intestate succession.
PROBATE OF ESTATE WITH NO WILL
Spouse, but no children or parent – All to spouse
Spouse and parent or parents, but no children – 1st $239,000 plus 3/4 of balance to spouse; remaining 1/4 to surviving parent or parents
Spouse and children where at least 1 child is a child of decedent and spouse – 1st $239,000 plus 1/2 of balance to spouse; remaining 1/2 to children
Spouse and children but no children of decedent and spouse – 1st $159,000 plus 1/2 of balance to spouse; remaining 1/2 to children
No spouse, but children – All to children equally
No spouse or children but parent or parents – All to parent or parents (1/2 to each parent)
No spouse, children or parent, but brothers and sisters or children of deceased brothers and sisters – All to brothers and sisters and the children of deceased brothers and sisters
If you have any questions on estate planning, please call Karen L. Stewart, Attorney and Counselor at (248) 735-0900. For more information, please see my website, www.customestateplans.com.