Fritch, TX Estate Planning Law Firms & Lawyers

This is a complex question because it can happen. Does the surviving spouse have any rights. Possibly. She may have a dower interest in any real estate owned by the husband she did not sign off on which was transferred to the trust or corporation during their marriage. A spouse may also be entitled to any 401(k) funds from a pension unless the spouse signed off on a transfer or change of beneficiary. Under Michigan law you have a spousal allowance, an exempt property allowance and a homestead allowance for all property required to be probated.

Whether your mother, yourself, or your siblings become liable for the debt depends on a number of factors. Did your father accrue this debt in his name alone? Is the debt part of a business that your family operates or is part of? Is the debt due to a gambling problem or some other problem? Does it have some connection with his illness? Did he secure the debt with property he jointly owned with any of you? In a normal situation, the estate alone is responsible for the decendant's debts. However, in some situations, others may also be held responsible. Check with an estate attorney for specific answers.

Absolutely not. However you should absolutely contact an estate planning attorney in your area as soon as possible. If you die without having a will, trust, or estate plan in place in California a portion of your estate will go equally to all of your children.