Estate Law Questions? Ask an Estate Lawyer.
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Do you have any children together? Do you have any children that she is not the mother of?
I have a 21 year old son from a prior marriage.
She has never had a child.
We want the surviving spouse to get all our property, but this whole Dower Thing is confusing us. We intend to make a will soon, but I assumed that even prior to a will the surviving spouse would get the property owned by us.
Thanks for your help.
I was surprised to see someone from FL as I assumed MI law was different than FL?
Section 558.1 of Michigan Statutes discuss dower rights which states that the spouse is entitled to 1/3 of the use of the land for the rest of the spouse's life. Dower rights only deal with real property that you own solely, anything jointly owned will still be 100% to your wife.
So in layman's term, dower rights will allow your wife to remain on the property for the rest of her life. Although she only has a 1/3 interest (the other 2/3 goes to your heirs at law), her 1/3 interest will protect her if your children decide they want to sell the home because her signature will be required.
Thank you very much. This helps explain it. I am happy with your help and will gladly pay the agreed fee.
My last question is that you mentioned that "the other 2/3 goes to your heirs at law"
Who would the heirs at law be? I have one son from a prior marriage and that is it besides my wife.
Thanks again for your help!
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