Legal Question in Wills and Trusts in Michigan

Husband dying without a will

My husband is near death and does not have a will. All of his financial assets are joint or TOD. Our home is joint. One used vehicle is in my husband's name. His two adult sons are provided for as beneficiaries of some financial assets. They are in agreement of their dad's wishes, but there is no will. What will go to probate upon his death? Household and personal items are all that are left. Thank you.


Asked on 4/18/05, 12:59 pm

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Husband dying without a will

Only assets that are owned solely by the decedent require probate. Jointly owned assets or assets that provide for specific disposition upon death move outside of probate. As a practical matter, assets that have no written proof of title, furniture and other such personal property don't usually get probated as the family will usually be in agreement on its disposal. When disagreements arise regarding these type of assets and the value of these assets is substantial, a probate becomes necessary. For more info, please contact my office at (248)851-3171.

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Answered on 4/18/05, 2:26 pm


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