Idalou, TX Estate Planning Law Firms & Lawyers

Not unless she had moved out more than a year prior to his death. If it was for more than a year, you have an argument under Michigan law. Otherwise, they would have had to have been legally divorced in order for her not to receive her share of the estate. There are ways that your father could have disinherited his wife. By failing to set up his estate plan, it sounds like his intent is only going to be partially honored.

It may be customary for marital partners to arrange their financial affairs for the care and support of each other upon death. A trust, however, being one of several tools by which to do so, may direct that none of its assets be awarded to a spouse and that, upon her death, all of its assets be divided among his children only with nothing going to her children.

Technically he could, but legally he should only do what the brother wants and is in the brother's best interest. If your husband is the only one to benefit from the transaction he may be violating civil and criminal laws.