Legal Question in Wills and Trusts in Michigan

My father and step mother are 87 years old. My step mother has seperate money market and bank accounts in her name alone and they have other accounts in both names. All funds were accumulated after they were married 25 years ago. My step mother has a will that leaves all of the funds in her name to her 2 daughters. My fathers trust leaves the accounts in both of their names to His and her children. My father has complained about it but does not seem to do anything about it. Can my step mother legally seperate funds like this?


Asked on 5/09/11, 8:54 am

1 Answer from Attorneys
Glenn Matecun Matecun, Thomas & Olson, PLC

Your stepmother can legally separate funds like this. However, if she died today, your father would have a "spousal election right" (he can elect to take what is given to him by your stepmother, or what he would be entitled to if she died without a Will). It's a little more complicated than that, but there are many issues you need to deal with when there are children from different marriages. Also, note that if both your father's name and stepmother's name are on accounts, it doesn't matter what his trust says -- at his death the accounts will go directly to your stepmother and she can leave them to whoever she wants. He should sit down with an experienced estate planning attorney and work through these issues.

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Answered on 5/09/11, 9:17 am


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