A divorce automatically cuts an ex-spouse out of an existing Will. But when Dad passed away a NEW will showed up supposedly written AFTER his divorce. Oddly enough, the new will gave all of Dad’s property to his ex-wife–completely cutting out his only child (a child he had prior to that marriage). There was only a small estate (an insurance check from Dad’s accident).
What could I do for the child? The child couldn’t afford to contest the suspicious will.
In Michigan there is an Exempt Property Allowance. MCL 700.2404. This lets a child to inherit despite a will purposefully cutting a child out. (Remember, a child can be an adult –child is a term of relationship, not age: you’ll always be your parent’s child.) It was previously thought that a Will could exclude a child but the Michigan Court of Appeals ruled in October 2015 that the Allowance won’t let children be excluded (at least from exempt property). See the Court’s full opinion here.
Because the Exempt Property Allowance is now well over $20,000, my client, the Child, was able to inherit from Dad without any litigation when this fact was pointed out to opposing counsel.
What problem brought you here? Call or text now so you can get the same expert as help as the client got in this difficult situation.
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