When you lose a loved one, a myriad of things can come to your mind, from funeral arrangements to getting their wishes in order. But what happens if your loved one passes away without establishing a will? This scenario, known as dying “intestate,” is a common reality many Americans face and adds an extra layer of complexity to an already challenging time.
Who gets what?
When a person dies without a valid will in Michigan, the state’s intestate succession laws take effect. These laws dictate the distribution of assets to surviving family members. If you are facing this situation, here is what you need to know:
- Spouse and Children: The specific family situation determines how the law distributes assets when the deceased leaves behind a spouse and children:
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- If you are the surviving spouse and your deceased spouse had no surviving children or grandchildren from another relationship, you might inherit the entire estate.
- If you share descendants with your late spouse, you would inherit the first $150,000 of the estate plus half of the remaining assets. Your children would then share the other half.
- No spouse, but children: If your deceased loved one is your parent who left no surviving spouse, you and your siblings would equally share the estate.
- Parents and siblings: If your loved one had no spouse or children, their parents inherit everything. If the parents are not alive, siblings and their descendants would inherit the estate.
Your roadmap in difficult times
Understanding Michigan’s intestacy laws is your greatest ally when navigating this complex legal system after a loved one’s passing. With this knowledge and proper legal guidance, you can help manage everyone’s expectations about asset distribution, make informed decisions and guide your family through their grief.