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Am I entitled to more than a small inheritance as a spouse?

Am I entitled to more than a small inheritance as a spouse?

Q: Does a trust protect assets in marriage?

Yes, a trust can protect assets in marriage. Assets placed in a trust are generally considered separate property and may not be subject to division in divorce or claims by a spouse upon death. However, the specific terms of the trust and state laws will determine how assets are treated.

Q: Can my parents cut me out of their will?

Yes, in most states, parents can choose to exclude their children from their will. However, some states have laws that protect a child's right to a portion of an estate, especially if they are a minor or if the exclusion appears to be unfair. It's best to consult an attorney for specific guidance.

Q: Who cannot be disinherited?

Generally, a spouse cannot be completely disinherited in most states, including Michigan. Laws often entitle a surviving spouse to a certain portion of the estate, regardless of the will's provisions. Children may also have rights depending on state laws, particularly if they are minors.

Q: Who is the only person a testator cannot disinherit?

In many jurisdictions, a surviving spouse is the only person who cannot be entirely disinherited. Most states have laws that guarantee a spouse a minimum share of the estate, even if the will states otherwise. This ensures that spouses have legal rights to a portion of their partner's assets.

Full question:

My spouse and I have been married for 4 years. His will and trust was never updated, I was designated as a friend and was left a small amount. Am I entitled to anything more?

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

Answer:

As a spouse, you are generally entitled to a share of your partner's estate, even if their will has not been updated. This is true unless specific exceptions apply. Under Michigan law (Estates and Protected Individuals Code, Act 386 of 1998, § 700.2301), if a person marries after creating a will, the surviving spouse can receive at least the value of what they would have inherited if their spouse had died without a will (intestate), except for certain types of property.

Exceptions include property left to children from a prior relationship or property that was intended to be excluded from the estate. If the will indicates it was made with the marriage in mind or states it remains effective despite a new marriage, those provisions may limit your entitlement.

In satisfying your share, any bequests made directly to you in the will are considered first. If you receive an intestate share, it may also affect any other claims you can make under the law.

For more specific guidance, consider consulting a legal professional.

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

Who gets a copy of the will before death?

Typically, the testator (the person who made the will) is the only one who has a copy of their will before death. However, they may choose to share it with family members or an attorney. Once the testator passes away, the will is usually filed with the probate court, and interested parties, including heirs, can request a copy.

Does a subsequent marriage invalidate a will?

In most cases, a subsequent marriage does not automatically invalidate an existing will. However, many states, including Michigan, have laws that protect the rights of a new spouse. If a will was created before the marriage, the new spouse may still have rights to a portion of the estate unless the will explicitly states otherwise.