What Assets Pass by Intestate Succession?
#NEXT OF KIN PLUS#
If there is a surviving spouse and children, the spouse inherits the first $150,000 of the intestate property, plus one-half of the balance, while the spouse and decedent’s children inherit the remainder.If there are children and no surviving spouse, then 100% of the estate passes to the children.If the parents survive and there is no spouse or children, 100% of the estate passes equally to both parents, or the total goes to the surviving parent.If the sole survivor is the spouse, then 100% of the estate goes to the spouse.Some of the more straightforward situations include: Several family situations can complicate these rules, such as children from another marriage or if a spouse and parent are survivors. There are specific rules the court follows. Intestate means dying without a proper will in place. The assets are then split depending on the next of kin who survived the deceased, in a process called intestate succession. However, if the person died without a will, the estate passes through probate court. Next of kin first inherit from the deceased estate under the terms of any legal will or trust.
Parent of the deceased over the age of 18.Michigan law defines next of kin as persons who have a relationship to the deceased, including:
#NEXT OF KIN FREE#
If you have recently lost a loved one and have questions about your rights as a next of kin, contact the Michigan family law lawyers at Mihelich & Kavanaugh, PLC at (586) 776-1700 or contact us online for a free consultation. Under Michigan law, the term next of kin is synonymous with “descendants,” “heirs of the body,” “heirs,” “relatives,” or “family.” Next of kin relationships will inform how the deceased’s property and assets are divided among family members. The court considers the documented wishes of the deceased, but if the deceased died without a will, the court would review next of kin relationships to help determine family members’ inheritance rights. The process is that much harder if there is contention in the family about the distribution of their loved one’s assets.
0 kommentar(er)
