Your Law Firm For Life
Photo of Robert D. Sheehan and Shawn Richard Cioffi

A loved one died without a will, what next?

On Behalf of | May 7, 2020 | Estate Planning And Probate |

If you recently lost a loved one who did not have an estate plan in place, you may feel that the logistical aspects of settling their estate are an additional stressor in addition to the grief and sense of loss that you are experiencing. It’s important that you reach out to others for emotional and practical support during this time.

If your loved one dies without an estate plan in place, there is a process that the estate will follow. This is known as intestate succession. State law determines exactly how the estate will be distributed among relatives. The following is an overview of how state laws in Michigan deal with intestacy.

If the person was married and had childrenIf the deceased person had a spouse, the surviving spouse will inherit the first $150,000 of the estate after probate. If the couple had a child together, the surviving spouse will inherit half of the estate. Other dependents will inherit the other half of the estate.If the person was unmarried

If the deceased person was unmarried but has surviving parents, they will inherit the entirety of the estate after probate. If their parents are not living, the deceased person’s siblings and the descendants of their siblings will be set to inherit the estate.

In Michigan, the way that an estate will be distributed when a person dies intestate will largely depend on whether or not they were married at the time of death. To understand how the law will apply specifically to your loved one’s estate, you should consider this as well as how many surviving relatives they have.


FindLaw Network