If my husband has a Trust leaving me 30%, am I entitled to more as his wife?

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If my husband has a Trust leaving me 30%, am I entitled to more as his wife?

He has a daughter and son as well. What are my options regarding this?

Asked on November 23, 2014 under Estate Planning, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss... Michigan has a whole slue of statutes that allow spousal election against a Will and even certain assets in a Trust.  But the documents in question needs to be reviewed in totality, with a view toward the entire estate.  It has to do not only with statutory requirements to leave you spouse some of your property but if there is also a exercise of poser given the trust beneficiary, etc.  Can be very complicated.  Good luck.


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