Port Huron, MI asked in Estate Planning, Elder Law and Probate for Michigan

Q: Can my stepmother put my deceased fathers' assets in her name after probate court grants her personal representative?

My father died without a will. Most of his assets are solely in his name. The house, vehicles, property, etc. She plans to continue living in the home. If and when she decides to sell the home or if she dies- do her children inherit everything?

1 Lawyer Answer
Trent Harris
Trent Harris
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: Under Michigan law in the situation you describe the surviving spouse gets the first $100,000, plus 1/2 of the rest of your father’s estate. The remaining 1/2 goes to children of the decedent.

If and when the stepmom dies, her share of your father’s estate would go to whoever she leaves in her will, or her heirs under intestate succession.

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