What are the rules of intestacy?
In Michigan, the rules of intestacy govern what happens to a person’s estate if they die without a valid will. Intestate succession determines how the deceased’s property is distributed among their heirs. Under Michigan law, a surviving spouse is entitled to the entire estate if all the decedent’s descendants are also descendants of the surviving spouse. If the decedent has surviving children but no surviving spouse, the children will inherit the entire estate. If the decedent has surviving parents but no surviving spouse or children, the parents will inherit the estate in equal shares. If none of the decedent’s children, parents, or spouse survive, the estate passes to the decedent’s siblings, or if none of them survive, to the decedent’s next closest relatives in lineal descent. This includes grandparents, great-grandparents, aunts, uncles, cousins, and so forth. If there is no one in lineal descent, the estate passes to the State of Michigan. It is important to note that in Michigan, the rules of intestacy do not apply when the deceased has a valid will. A valid will is deemed to have been executed if it is in written form and signed by two witnesses. Michigan law also allows for an individual to prepare a holographic will, which is a handwritten will that is signed and dated by the testator, without witnesses. A properly executed will can override the rules of intestacy and direct how a person’s estate is to be distributed upon their death.
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