Madison Heights, MI asked in Criminal Law, Probate, Small Claims and Estate Planning for Michigan

Q: if someone is passing away an you cant find a recent will , could there ex wife take everything if she has will

he has been divorced for over 20 years we cant find the recent will she wants to take everything from his kids

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: In Michigan, statutory law provides that a divorce revokes any disposition of property made to a former spouse in a will (MCL §700.2807). However, the statutory provision only affects property given to the former spouse in the will -- it doesn't impact beneficiary designations or joint ownership. There are other provisions of law that impact beneficiaries of certain assets (like life insurance and pensions) too, so the answer to your SPECIFIC question is a will won't matter but there may be other things that 'get in the way'.

HOWEVER, the short 'useful' answer is you need to hire a local attorney to assert your position because if you wait it may be too late. Seek local counsel ASAP.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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