Crows Landing, CA Estate Planning Law Firms & Lawyers

Your question is confusing. You ask about your debt, but then refer to debt on property that another get an income interest on. I urge you and/or them to seek counsel. The specifics of the details will have a bearing on the response. This forum is intended to let you know if an attorney think you need to hire an attorney. The answer is yes. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.

The answer to your question depends on a great number of things, the biggest one being how your assets are titled. If everything is titled in joint names, then it would automatically pass to you, upon your husband's death, and the Will would not affect any assets. A will controls only assets titled in the name of the decedent, alone. Assets with joint owners or beneficiary designations pass outside probate and by-pass the terms of a Will. Michigan law also has protections built in so that, even if all of the assets were titled in your husband's name alone, you would still be able to "elect to take against the Will," and would thereby be entitled to a share of the estate. The amount you would be entitled to is generally half of what you would otherwise be entitled to under Michigan's intestate law, (what you would get if there was no Will), reduced by half of what you otherwise receive as a result of the death. This can be a very complicated calculation, but the bottom line is that, you would not be shut out. If the two of you intend a different distribution than that described above, you should meet with an estate planning attorney to get it set up properly.

To their sibling brothers and sisters go the childless sibling's share of the estate, unless the will/trust says differently that is being distributed.