If your dad is remarried after the death of first wife and married less than 10 years, what can be do about property? 4 Answers as of June 05, 2014

What is the law regarding property from death of parents and the father remarries and die? He was married less than 10 years and has no will.

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Frederick & Frederick PLC | James P Frederick
Length of marriage makes no difference. One day of marriage means they were "married." The assets would pass under the intestate laws and depending on whether the wife takes exemptions and allowances, she would be entitled to roughly the first $200k of assets and half of the remainder. Of course, this refers only to "probate assets," which are assets titled in your father's name ALONE. Any assets which were jointly held or which named the wife as beneficiary automatically pass to her, and they are not counted as part of the figures above. Most of the time, married couples hold title to their assets jointly. If that was done in your case, the children would not be entitled to anything. I am very sorry for your loss.
Answer Applies to: Michigan
Replied: 6/5/2014
Hamblin Law Office | Sally Hamblin
Dad dies having remarried and no will which is intestate succession. The wife will be first in line for the property. Depending on the total assets of the estate, will determine if she takes all or not. Anything in joint property is not divided. Anything that names beneficiaries are not divided.
Answer Applies to: Michigan
Replied: 6/5/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
There are laws about this specifically but you did not give enough detail. His new wife inherits him but not 100%, depending on the value of the estate.
Answer Applies to: Michigan
Replied: 6/5/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
it depends on the State laws of intestacy. In Michigan, generally, half of his estate will go to his second wife, the rest divided among his children. See an attorney before the property disappears.
Answer Applies to: Michigan
Replied: 6/5/2014
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