Wills, estate, personal rep.

Question Details: If estranged husband dies and leaves no will who will get the house spouse or girlfriend? In the state of Michigan?

Asked 8/17/2009 under Wills, Trusts, Probate | 217 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

John Tatone / John R. Tatone & Associates, PLC Answered 2 years ago | Contributor This attorney is licensed in Michigan

The answer depends upon the deed to the house.  In general, if the deed is in his sole name, the estate assets pass to the wife.  There are exceptions and it also depends upon the value of the estate and whether there were children to the marriage.  There are also claims against the estate that only a wife is entitled.  Please contact me to discuss in further detail.  586-868-5100, John R. Tatone, Esq.

I am not admitted in Michigan.  You are still legally married, correct?  There is no formal separation agreement, correct? The question becomes: is the house marital property or not? 

There are many ways to hold title to land and it may or may not matter here how it is held.   Let's say here that he bought it after he left and with the girlfriend they hold it as tenants with rights of survivorship.  If it is held that way then by law it passes to her upon his death.  If they hold it as joint tenants without a right of survivorship then half of the house is included in his estate.  He may have bank accounts with her as well and if they have a POD (payable on death)form she would get them too.  Otherwise, only half of the money is considered hers.

What I really think is that you have a valid claim to elect against his estate but that you need to see a lawyer in your area who can get all the facts and time line down.  You may have to sue to have a judge make a determination that assets are "marital assets."  Good luck. 

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com