Saturday, October 4, 2014

Mom and dad were married, made a will, got divorced. Will was never updated. Dad remarried and passed away. Minus provisions made for mom in...

Question

Mom and dad were married, made a will, got divorced. Will was never updated. Dad remarried and passed away. Minus provisions made for mom in the will (because of the divorce) is the rest of the will still good or is it voided? There were provisions for ther children but 2nd wife is claiming she gets everything. She claims 2nd wife status trumps everything? Michigan.



Answer

The rest of the will is still good, but new wife can take against the will. She will get her legal share under Michigan law. It would be wise to consult with a local probate attorney to find out the details.



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