Probate - What are the inheritance rights of the first spouse when decedent
has married another without the benefit of divorcing the first spouse?
Return to Citizen Questions Menu
Return to Calhoun County Courts Home Page
Question
In a case where a husband and wife own property together, then separate,
but never divorce and the wife remarries, and then dies which spouse is
the surviving spouse for purposes of intestate succession regarding property
that the wife owned prior to her second marriage and property which she
later acquired during her second marriage?
Answer
In Michigan, an individual can not marry another person when already married.
Therefore, the second marriage would not be valid. The surviving
spouse would be the spouse of the valid marriage. The surviving spouse
would generally be entitled to all property that a surviving spouse would
receive under intestate succession regardless of when it was acquired.
I would strongly recommend that you contact an attorney. This
is a complex matter and there are many issues concerning the marriage which
may arise. Once an attorney knows all of the facts, he or she can advise
you how to proceed and what the likely outcome will be.
Return to Citizen Questions Menu
Return to Calhoun County Courts Home Page
Last Updated: 9-7-01
Send your comments, questions and suggestions to Phil Harter at 161
E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov