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What is a widow's share of her husband's estate in Michigan?

What is a widow's share of her 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?

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

Answer:

In Michigan, a widow is entitled to one-third ownership rights to any property acquired by her husband during their marriage or received through inheritance. This right allows her to use the property for the rest of her life. The relevant law states that a widow has the right to dower, which is the use of one-third of all lands where her husband held an estate of inheritance during the marriage, unless she has been lawfully barred from this right (MCLS § 558.1).

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

Is a spouse automatically a beneficiary?

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.

What does a wife have to do when her husband dies?

When a husband dies, a wife should first ensure that she has access to important documents, such as the death certificate and any estate planning documents. She may need to file a claim for her share of the estate, especially if there is no will. It’s advisable to consult with an attorney to understand her rights and responsibilities regarding the estate and any debts.

How do I carry on without my husband?

Coping with the loss of a husband can be incredibly challenging. It's important to seek support from friends, family, or professional counselors. Additionally, understanding your legal rights regarding his estate can provide some peace of mind. Consider reaching out to support groups or legal professionals who can help you navigate this difficult time.

Does a wife get the husband's money when he dies?

In Michigan, a wife may be entitled to a share of her husband's estate if he dies without a will. This typically includes rights to one-third of the property acquired during the marriage. However, the specifics can vary based on the assets and any debts owed by the estate. Consulting an attorney can clarify her rights in this situation.

What are the rights of a wife when the husband dies?

A wife in Michigan has the right to inherit a portion of her husband's estate if he dies without a will. She is entitled to one-third of the property acquired during their marriage. Additionally, she has rights to dower, which allows her to use one-third of the lands owned by her husband. Legal advice can help clarify her specific rights and options.

What happens if your spouse dies and you are not on the deed?

If your spouse dies and you are not on the deed of a property, you may still have rights to inherit a portion of that property under Michigan law. As a surviving spouse, you may be entitled to one-third of the estate, including property acquired during the marriage. However, the process can be complex, so it's advisable to consult with an attorney to understand your rights.