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Question: Wills, Trusts, Probate - Michigan

Asked on 10/24/2009
Wife dies intestate in Michigan
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?

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Answers (1):

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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



  • Answered on 10/26/2009
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