East Lansing Bankruptcy Attorneys
Free Initial Phone Consult  |  517.337.4600
  • Home
  • Our Attorneys
    • Richard Foster
  • Practice Areas
    • Criminal Defense
    • Divorce Law
    • Estate Planning
    • Social Security
    • Mediation
    • Family Law
    • DUI & Drunk Driving
    • Drug Charges
    • Embezzlement/Fraud
    • Bankruptcy
    • Adoption
    • Workers Comp
    • Personal Injury
    • Vehicle Accidents
    • Dog Bites
    • Brain Injuries
  • Blog
    • Bankruptcy FAQs
    • What Is A Traumatic Brain Injury
    • 5 Steps to Take After a Car Accident
    • How a DUI Can Impact Your Life
    • Do I Need a Social Security Attorney
    • Consequences of a DUI Conviction
    • 4 Mistakes to Avoid During Divorce Proceedings
    • How Personal Injury Attorneys Help After Car Accidents
    • Do I Need a Social Security Disability Attorney
    • DUI Consequences in Michigan
    • Auto Accidents Caused By Aggressive Driving
    • 5 Things You Should Know Before Adoption
    • Do I Need an Estate Plan if I Have Few Assets?
    • How Drug Charges Can Impact Your Teenager
    • How Filing for Bankruptcy Will Affect Your Life
    • Legal Steps After a Dog Bite
    • What Is Estate Planning and Why It Is Important?
    • 5 Things to know about Filing for Workers Compensation
    • Workers' Compensation FAQ
    • 5 Things to Do Before Filing for Divorce
    • Minimize the Effect of Custody Battles on Children
    • Mediation FAQs
    • Do I Need An Estate Plan?
    • Adoption Tax Credit?
  • Contact
    • Free Initial Phone Consultation

Who Inherits My Estate If I Don't Leave a Will

Who Inherits My Estate If I Don't Leave a Will Attorney Lansing, MI

If you die without creating a will (a legal circumstance called intestate), your assets will be divided according to Michigan’s inheritance law. Your estate can also be held up in probate as the court system records assets, pays debts, identifies heirs, and distributes what’s left of your estate.

Keep in mind that fees for the probate process can be as high as 10% of the gross estate.

Thankfully, an elder law attorney at Foster & Harmon can help you with writing a will so you can distribute money and property as you see fit. Keep reading to learn how succession in Michigan works if you don’t make a will.

Surviving Spouse

Your surviving spouse will receive preference over all surviving relatives, no matter the intestacy situation. In fact, if you have no parents or descendents, your surviving spouse will be the sole heir of your estate. However, intestate law becomes more nuanced if you are leaving behind parents and descendents.

Surviving Spouse and Parent

If you have a surviving spouse and parent, your spouse will take the first share of the estate, along with three-quarters of the remaining balance after debts and probate fees are paid. One quarter of the estate’s final value will go to your surviving parent.

Surviving Spouse and Descendents

If you have a surviving spouse and descendants, your spouse will still receive the first share. However, the value of this share will depend on whether your surviving children were shared by your spouse. Once the first share is distributed, the remaining balance of your estate will be equally divided between your surviving spouse and children. The amount of the first share is indexed annually under Michigan law for cost-of-living increases.

No Surviving Spouse

If you don’t have a surviving spouse, your estate will be distributed in the following order:

  • No surviving spouse à assets go to descendants
  • No surviving descendants àassets go to parents
  • No surviving descendants or parents àassets go to siblings, nieces or nephews, and great-nieces or great-nephews

If you don’t have any of the surviving relatives listed above, your assets will be split in half between your maternal and paternal grandparents and their descendents. In other words, your assets will be divided amongst your grandparents, aunts, uncles, and cousins. If there are no grandparents or descendants available to take the assets on one side of the family, the value of the entire estate would pass to the other side of the family.

There is also a complex system under Michigan law for determining how assets are divided among surviving relatives. Plus, there are exclusionary rules designed to prevent distant relatives from inheriting the value of your estate.

Who can help if a family member dies without a will?

If a family member dies without a last will and testament, you’ll want to hire a probate lawyer as soon as possible. Probate court proceedings can be complicated, which is why you’ll want a probate attorney experienced in elder law.

Who can help me make a will?

Even if you wish to write a simple will, it’s still a good idea to hire an estate planning attorney. Our attorney can recognize inconsistencies and loopholes that could lead to family members contesting a will. We recommend making a will with your attorney present so they can advise you on how to legally express your final wishes.

Our Lansing estate planning attorneys at Foster & Harmon are dedicated to helping you create a will and testament that will stand up in court. To schedule your free initial phone consult, call (517) 337-4600.

Practice Areas

  • Criminal Defense
  • Divorce Law
  • Estate Planning
  • Social Security
  • Mediation
  • Family Law
East Lansing Criminal Defense Attorneys MI
  • DUI & Drunk Driving
  • Drug Charges
  • Embezzlement/Fraud
  • Bankruptcy
  • Adoption
  • Workers Comp
  • Personal Injury
  • Vehicle Accidents
  • Dog Bites
  • Brain Injuries
  • About Us

    The law firm of Foster & Harmon P.C. has gained an excellent reputation throughout the legal and local communities of Lansing. Learn about our Lansing attorneys →

  • Practice Areas

    Criminal Defense
    Divorce Law
    Personal Injury
    Family Law

  •  

    Legal Articles
    Mediation FAQ
    Do I Need An Estate Plan?
    Adoption Tax Credit?

  • Contact Info

    Foster & Harmon P.C.
    903 E. Grand River Ave.
    East Lansing, MI 48823

    517.337.4600


Copyright © 2022 Foster & Harmon P.C. | All Rights Reserved.

Web Design & SEO by Internet Marketing Company, Web Traffic Partners, Inc.