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socrateaser
socrateaser, Lawyer
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My husband and I reside in Michigan. I am his second ...

Customer Question

My husband and I reside in Michigan. I am his second wife. We have been married for 20 years. He has a copy of his will from 1976, whenhe was previously married, leaving all property and all control of the will to her. this will has never been revoked. My husband feels because we have the only copy and he has made changes in pen on this copy naming me as his current wife all property will go to me. During his divorce, his ex wife quick claimed deeded all property to both of our names. The divorce also says his ex wife has no claim on any previously owned property during their marriage. He also has 3 children from this marriage and one child with me. Am I protected from from his ex wife or his children from this marriage from any claims being made on any of this property in the event of his death?
Submitted: 8 years ago.
Category: Legal
Expert:  socrateaser replied 8 years ago.

New spouse is protected by Michigan law from omission from Will, unless the Will unambiguously states the intent to omit the spouse.

Nevertheless, husband should have the existing instrument revised so as to formally revoke all prior instruments, and to ensure that the distributions are what husband really intends.

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Customer: replied 8 years ago.
Reply to socrateaser's Post: I need to be clear on your answer to my question. You are saying that my husbands ex wife and children have no legal claim on any property or monies that we own together in the event of his death. You are saying that all property will go to me his current wife no matter what his this old will says. You are also saying that he should revise his will at this time to formally revoke all existing wills.
If he does not revoke this will and does not revise it, I as his second wife will have all claim to all property and can legally sell off or divide up between any one I please or to leave to in a will i may provide.
Expert:  socrateaser replied 8 years ago.

I have never read your husband's Will, so I would not be so bold as to make such a sweeping statement. I will merely state that MIchigan law protects a widow who marries after her husband signs his Will from being omitted.

See http://www.legislature.mi.gov/(S(aiva2mzhkfkcqk30l1dx1wva))/mileg.aspx?page=getObject&objectName=mcl-700-2301

 

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