I am a widower. What rights do I have in my deceased husband’s estate in Michigan?

Full question:

My husband expired few weeks back. After our marriage, my husband had acquired many properties. My husband never made any will in his lifetime. What is a widow's share in her husband's estate in the state of Michigan?

Answer:

In Michigan, the widow of a deceased person may be entitled to claim one-third ownership rights to any property purchased by the husband at any time during the marriage or owned by way of inheritance. The widow wife is entitled to use such property during the rest of her life. The relevant statutory provision in this regard is stated below.

MCLS § 558.1 reads:
 
“Sec. 1.   The widow of every deceased person, shall be entitled to dower, or the use during her natural life, of 1/3 part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Michigan, a spouse is not automatically a beneficiary of all assets unless there is a will or trust stating so. However, under state law, a surviving spouse has certain rights to inherit a portion of the deceased spouse's estate, especially if there is no will. This includes rights to property acquired during the marriage and certain assets that pass outside of probate. It's important to consult with an attorney for specific situations.