If a husband dies without a Will and the deed to the house is in his name only, then how does probate divide this property between his 3 adult children and his 2nd wife?

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If a husband dies without a Will and the deed to the house is in his name only, then how does probate divide this property between his 3 adult children and his 2nd wife?

Asked on May 22, 2014 under Estate Planning, Michigan

Answers:

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

Answered 7 years ago | Contributor

If the house is in his name only then it becomes part of his gross estate.  A date of death appraisal will be done and a value placed on the house.  What happens next will depend if the Personal Representative sells the house or if one of the parties wants to buy it but the value of the gross estate will remain the same.  In your case under Michigan intestacy if none of the decedent’s (your husband) descendants are descendants of the surviving spouse (they are the surviving spouse's stepchildren), then the surviving spouse is entitled to receive the first $136,000 of the decedent’s estate and shares the balance equally with the decedent’s descendants.

 

 


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