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  1. #1
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    Default If Your Spouse Dies Without a Will Can His Children Claim an Interest in Your Home

    If your husband dies without a will, under Michigan law, do his children from a prior relationship have any legal right to claim an interest in your home?

  2. #2
    Join Date
    Sep 2005
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    Default Re: If Your Spouse Dies Without a Will Can His Children Claim an Interest in Your Hom

    The answer to that question depends upon how the house is titled. If you purchased the home together, then you likely own the property as tenants by the entirety, meaning that if one spouse passes away the other spouse automatically receives his share. If you specified a joint tenancy with a right of survivorship on the deed, the effect is the same.

    If you were added to the deed of a home he owns, that might have been done by the entirety as well, or as a joint tenancy with rights of survivorship.

    If the deed provides that you and your spouse are tenants in common, or if you were never added to the deed, then the children would be able to try to assert a claim. At this minute, Michigan recognizes dower rights, giving a widow certain protections in the real property of her husband, but there is repeal legislation working its way through the state government.

    It's a good idea to have the title work for the home reviewed by a real estate lawyer or probate lawyer.

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