Husband dies first and his will appoints a beneficiary, dose the wife over ride

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Husband dies first and his will appoints a beneficiary, dose the wife over ride

Husband and wife each have a will with
separate Executor Husband dies first.
Dose the wife over see ?

Asked on July 30, 2016 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The law does not allow a spouse to disinherit their surviving spouse. Accordingly, a surviving spouse has alegal remedy known as an "elective share". Pursuant to this, the spouse can take 1/2 of the sum or share that would have passed to the spouse had the decedent died without a Will (i.e. "intestate"), reduced by 1/2 of the value of all property derived from decedent by any other means other than testate or intestate succession upon their death. There is alo something known as "dowager rights", but its use is more uncommon. At this point, you can consult directly with a local attorney who can best advise you further.         


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