San Lorenzo, CA Estate Planning Law Firms & Lawyers

Under the laws of intestacy, the surviving spouse is entitled to her intestate share under MCL 700.2102: Sec. 2102. (1) The intestate share of a decedent's surviving spouse is 1 of the following: (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent. (b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. (c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. (d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent. (e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse. (f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse. (2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210. Then the children of the decedent are entitied to their share. If you have any questions, please contact me.