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

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.

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Answered on 1/19/05, 7:48 am

Blake Lipman Law Office of Blake P. Lipman

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.

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Answered on 1/17/05, 2:58 pm

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