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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36558
Experience:  Attorney with 16 years experience
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My husband recently passed away. Am I legally obligated to

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My husband recently passed away. Am I legally obligated to give anything to his minor children through a previous relationship. Just their mom is making me miserable yelling at me that she wants certain things of the children that some of which I know is here, but I have to dig for it and frankly I haven't felt like it. He passed very unexpectedly in his sleep at 36, it has just been a month. I would be happy to give it to them in my own time.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am very sorry to hear of your spouse's unexpected passing. Please accept my condolences on your loss.
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Did he pass with a will or without one?
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Has anyone opened a probate case to settle his estate?
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Did he have many assets in his name solely?
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Thanks
Barrister
Customer: replied 3 years ago.

He passed without a will.


 


No one has opened a case to settle his estate.


 


The only property that I believe is solely in his name is XXXXX XXXXX Ram. My mother in-law may be on the title.

Ok, if he passed without a will, then state law would control how any assets he owned solely would descend.
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In Michigan, if you didn't have any children with him, and the only biological children were from a previous marriage or relationship, then you would be entitled to the first $100,000 plus 1/2 of the balance of the estate. So if he had under $100K in assets, then you would take everything and would be under no legal obligation to give his children anything. Michigan Intestate Succession Statutes(NNN) NNN-NNNNShare of spouse.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.

So, there is definitely less than $100,000 in assets, so I don't. We do have one biological child does that change anything. 2 from previous relationship and one of ours.

The only thing that changes is that your share bumps to the first $150,000 and 1/2 the balance rather than the first $100,000.
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So as long as the estate is under $150K, you would take everything.
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Thanks
Barrister
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