What legal rights does a wife have to her husbands estate if she is not in his will?

Full question:

What legal rights does a wife have to her husband's estate if the husband has not made any legal changes to include the wife in the estate ie the house remains in his name as does all investments, his company, insurance etc.?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Michigan

Answer:

An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws. Certain assets are not included as part of a person's estate and may pass outside of probate, such as trust assets and transfer on death accounts or property owned by joint tenants which passes under a right of surviviorship when one tenant dies.

The following is a Michigan intestate distribution statute:

700.2102 Share of spouse

Sec. 2102.

(1) The intestate share of a decedent's surviving spouse is
1 of the following:

(a) The entire intestate estate if no descendant or parent of the
decedent survives the decedent.

(b) The first $150,000.00, plus 1/2 of any balance of the intestate
estate, if all of the decedent's surviving descendants are also
descendants of the surviving spouse and there is no other descendant of
the surviving spouse who survives the decedent.

(c) The first $150,000.00, plus 3/4 of any balance of the intestate
estate, if no descendant of the decedent survives the decedent, but a
parent of the decedent survives the decedent.

(d) The first $150,000.00, plus 1/2 of any balance of the intestate
estate, if all of the decedent's surviving descendants are also
descendants of the surviving spouse and the surviving spouse has 1 or
more surviving descendants who are not descendants of the decedent.

(e) The first $150,000.00, plus 1/2 of any balance of the intestate
estate, if 1 or more, but not all, of the decedent's surviving
descendants are not descendants of the surviving spouse.

(f) The first $100,000.00, plus 1/2 of any balance of the intestate
estate, if none of the decedent's surviving descendants are descendants
of the surviving spouse.

(2) Each dollar amount listed in subsection (1) shall be adjusted
as provided in section 1210.