surviving spouse rights
my husband died suddenly he owned a little property with a mobile home on it no one has paid the taxes on it and it will be lost if not paid by march i need to know if i pay the taxes and move in can any of his four children come in and kick me out i need to know what my rights are as a surviving spouse
Re: surviving spouse rights
I assume that none of his children are yours too, your husband did not leave a will, and that your name is not on the mobile home or property. Another important question is whether the property was purchased during your marriage; if so, then you might have a “dower” right.
As the surviving spouse, you are basically entitled to about the first $15,000 of your husband’s estate (after costs and expenses of administration & burial) as your homestead allowance. Also, after taxes and claims of creditors, you would get the first $100,000 as your spousal share of the Estate and 1/2 of anything beyond that amount – his children would get the remaining 1/2. If you were to pay the taxes due on the property, you would become a creditor and be entitled to reimbursement.
Based on your question, it does not appear that your husband had much more than $100,000 in assets, if at all. As a result, his children should not be able to take the mobile home and property from you – this does not mean that they will not try. If you are truly concerned, then you should probably speak to an attorney directly and review all of the facts.
Patricia Prince
Patricia Gormely Prince, P.C.
31300 Northwestern Highway
Farmington Hills, MI 48334