Wife dies intestate in Michigan
Question Details: Husband and wife reside in Michigan. Wife dies intestate. Wife has an adult daughter from a previous marriage. Assets include: Condominium valued at $180K ($150K remaining mortgage loan) Savings account valued at $50K Husband's 401k plan valued at $400K (husband is still working) Cars, clothing, furniture, etc. valued at $50K. Would the wife's daughter be entitled to any part of the wife's estate? Most importantly, would the husband's 401k be included in the wife's estate?
Wills, Trusts, Probate Law Answers
The 401k is not included in the wife's estate, unless the husband also died near the same time or prior to. There is a statute of intestate succession that dictatates what should happen. My recollection is the spouse would get the first $100,000 and then split the balance 50/50. There are facts which may alter the disposition. Please call me to discuss in more detail. John Tatone 586-868-5100 ext 17
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