My father has just passed. He was currently living in Canada with his wife, my step mother. They were married for about 5 years and moved fr...

Question

My father has just passed. He was currently living in Canada with his wife, my step mother. They were married for about 5 years and moved from MI when she was unable to gain citizenship in a timely manner. If he did not have a will or trust, would she inherit all his belongings and assets? If so when she passes do her children inherit everything, essentially leaving his three children out inheritance? If this is the case are his children inherit is assets he had prior to the marriage? (He passed in MI, not in Canada.)

Answer

If the deceased did not have a will or trust then the assets will pass under the intestate laws of the jurisdiction where probate is held. Under those laws in MI, not everything goes to the wife.

For a comprehensive discussion to determine jurisdiction (if it is in MI) please feel free to contact our offices at 734-779-1662.