Antioch, CA Estate Planning Law Firms & Lawyers

In Oregon, yes. You may "elect against the will." This must be done within a few months after the person passes away. The share you are entitled to will vary depending on how long you were married.

Depends. A spouse in Michigan has certain elective rights to take against the will and receive of what she would have received from the probate estate of her deceased husband had he died without a will (intestate). Because he died testate, the best she can do is her of what she would have gotten election. That said, a will (and probate) only operates as to assets that pass through probate meaning if deceased spouse had all of his accounts joint with spouse, those assets won't pass through probate (they vest at death in the surviving joint tenant) and so son would not get any of such joint assets same with IRA's and 401k's and other qualified assets and insurance so, what the will says can mean nothing if none of the deceased spouse's assets pass through probate.