Legal Question in Wills and Trusts in Michigan

Stepchildren's rights to fathers estate

My husband and I have been married 27 years. He has 4 children, I have 2 and we have 1 between us. He does not want to draw up a will. Says when he dies, he doesnt care. The cars are all in his name, the house in my name. All other assets are joint, 401K, etc. With a yours, mine and our's family, what rights do his children have to his estate and what do I need to do to insure my children get my property? I plan on having a will drawn up. Thanks.

Asked on 1/17/05, 12:55 pm

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC
0 users found helpful
0 attorneys agreed

Re: Stepchildren's rights to fathers estate

You are certainly entitled to 100% of any joint assets that are held by you and your husband. Since you have both a child conceived in this marriage and step-children, if your husband predeceases you, you will likely get most, if not all, of his estate as the surviving spouse, depending on the size of the estate. Any assets held in your husband's name alone would be probated when he dies. A will is a good idea for you, regardless of your husband's reluctance to draw up a will. You can call 248-679-1552 for more information.

Read more
1/19/05, 7:48 am
Blake Lipman Law Office of Blake P. Lipman
0 users found helpful
0 attorneys agreed

Re: Stepchildren's rights to fathers estate

Preparing your own will is the best thing you can do. Make sure the attorney drafting your will knows you have a blended family with both stepchildren and your own children. For more info, please contact my office at (248)851-3171.

Read more
1/17/05, 2:58 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan

Looking for something else?

Get Free Legal Advice

8788 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now