North Bergen, NJ asked in Estate Planning for Michigan

Q: Can my sister-in-law contest my rights as a wife to get everything? Do we still need a will? Can she go to probate?

Does a wife automatically get everything if husband dies? House, property, money, etc?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Nothing is automatic except beneficiary designations and joint accounts. But yes, most people's estates do not exceed the spousal elective share and so substantially everything goes to the spouse. That is by design because the public policy behind that is that 1) we can safely presume that people would want their spouse to have everything, otherwise they could divorce that person, and 2) people have an actual legal obligation to support their spouse.

Your sister-in-law can challenge to her heart's content. I'm unsure why she would think she's entitled to anything; She would hopefully learn to understand or be told that as a sibling, she's far down the list of priority. But people argue about all sort of things in probate court, including the ever-present "s/he told me on the death bed this is what they want to happen".

By the way you are asking this question, I assume your husband is alive. Absolutely get a will to eliminate all doubt.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.