Detroit Michigan Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage

State:
Michigan
City:
Detroit
Control #:
MI-WIL-01590
Format:
Word; 
Rich Text
Instant download

Description

This is a Legal Last Will and Testament Form with Instructions for Married Person with Adult and Minor Children from Prior Marriage. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also provides for the appointment of a trustee for assets left to the minor children.


This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage
  • Preview Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage

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FAQ

However, in the state of Michigan, you are not eligible to disinherit your spouse by omitting to provide for them in your will or by including an explicit statement in the will that your spouse is not eligible to receive anything from an estate.

While spouses, then children, generally take precedence in Michigan inheritance law, there are some laws of succession should you die intestate without either of those heirs. For example, if you are unmarried without children and die intestate, your parents inherit your entire estate.

And, for tax reasons, you must make your changes in writing and within two years of your loved one dying. Otherwise, if you make the changes after two years, you will not benefit from any tax advantages as outlined above.

Under Michigan law, a will must be filed with the court with reasonable promptness after the death of the testator. MCL 700.2516. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an ?executor? or ?administrator?).

The law in Michigan provides a surviving spouse in a testate proceeding (one with a will of the deceased spouse admitted to probate by the Court) with the right to elect a share of the estate of his or her spouse even if the will says the spouse is not to receive anything.

Does my will have to be notarized? No. A will does not need to be notarized. However, there must be at least two witnesses.

You must sign your will in front of at least two witnesses, but you can have up to three witnesses. They must be 18 or older. It is helpful if they are people you know who could be located to testify about the will if necessary. A person who will inherit from your estate after you die can still serve as a witness.

If any interested parties suspect after your death that the will was made under conditions of duress, fraud, or improper influence, they can challenge the validity of the will.

Spouses in Michigan Inheritance Law Unlike some states, spouses are not automatically entitled to your entire estate should you die intestate in Michigan. However, if you die with a spouse and no living parents or descendants, your spouse gets 100% of your estate.

To make a valid will under Michigan law, the will must be: In writing; Signed by the testator or by some other person in the testator's conscious presence and at the testator's direction; and. Signed by at least two witnesses.

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Detroit Michigan Last Will and Testament for Married Person with Adult and Minor Children from Prior Marriage