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If my husband dies and it’s in the wintertime no heat in…

Customer Question
If my husband dies...

If my husband dies and it’s in the wintertime no heat in house my belongings are in martial homes and children of deciced husband wife is not present and they were told to stop by lawyer and police and leave items of wife in home and they did not know what was hers is this leagel? Put in garage what they thought to be wife’s and demanded her to be there with no heat and get her items out of home and we’re supposed to leave them in home is this illegal

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Michigan

Lawyer's Assistant: What steps have you taken so far?

I’m going up to see what was put in car a attorney was contacted and They contacted there attorney and said to leave my things in house they didn’t know what was mine again no heat he had not even been cremated at this point and the were doing this said I had 2 weeks to get items out? No paperwork from them snow storm I’m greaving my husbands death and they do it anyway

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did sign quick claims deed but they didn’t file it until day after Presidents’ Day of 2018 I agreed to move my items but in the middle of winter and no heat on in home no where to sleep and he had a viewing the same day one child started doing this before Viewing and my name was still on deed don’t i have to be served papers and what if all my things aren’t there they had no clue what was mine and what I wanted my husband said that I could take anything I wanted I don’t no what’s there

Submitted: 2 months ago.Category: Estate Law
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Answered in 13 hours by:
5/30/2018
Estate Lawyer: Andrew, Attorney replied 2 months ago
Andrew
Andrew, Attorney
Category: Estate Law
Satisfied Customers: 385
Experience: Attorney
Verified

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

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Estate Lawyer: Andrew, Attorney replied 2 months ago

You have several issues here it might be best if we talked over the phone.

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Estate Lawyer: Andrew, Attorney replied 2 months ago

I don' t have all of the facts in your situation but it sounds to me like you are a second wife with your husbands children wanting their share of your husbands estate. It would be helpful to know what state you are in.

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Customer reply replied 2 months ago
Michigan
Estate Lawyer: Andrew, Attorney replied 2 months ago

I at the very least even if your name is ***** ***** the property you more than likely have what is called a homestead right and basically have the right to stay in your house as long as you live. His children can not just kick you out. Also in most states the spouse is entitled to half of the estate period. The exception would be if you signed some sort of prenuptial agreement. Essentially do not let the children bully you.

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Estate Lawyer: Andrew, Attorney replied 2 months ago

In Michigan the wife inherits the first 150k of the estate plus 1/2 of the balance.

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Estate Lawyer: Andrew, Attorney replied 2 months ago

So for example if the estate was worth 300k you would get 150k plus 1/2 of the remaining 150k or 75k which means you are entitled to 225k of the total estate.

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Estate Lawyer: Andrew, Attorney replied 2 months ago

Did you have any further questions that I could answer? If not I would appreciate it if you would rate my answer (5 stars is appreciated). Thank you!

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Customer reply replied 2 months ago
Give me a little while to call you back my grandson is here and he’s seen and heard all of this mess, greaving the lose his papa and dontwant him hearing any more
Customer reply replied 2 months ago
Happy to rate you
Estate Lawyer: Andrew, Attorney replied 2 months ago

Awesome I would be more than happy to talk to you via phone if necessary.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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