Sunday, January 17, 2010

I need Legal advice on what surviving spouses rights are in the State Of Michigan.. Real advice Please!!!?

My husband pasted away in June and we had a prenup agreement.. When it came time for the funeral the family, cops and funeral home kicked me out and I was not allowed to attend the furneral.. Was this a violating of my surviving spousal rights since there was nothing I did that was wrong.. I just wanted our wedding picture in the casket and the family was real upset about it and so the cops and furneal home asked me to leave.. I feel this was totally wrong and I thought I had 1st rights being the survivng spouse!! Do I have a lawsuit against all involved..Also the family kicked me out of the home and will not give me my things, even took my cat... Please Help Me.. I need some good advice here!!I need Legal advice on what surviving spouses rights are in the State Of Michigan.. Real advice Please!!!?
A law called the Uniform Premarital Agreement Act provides legal guidelines for people who wish to make agreements before marriage regarding ownership, management and control of property; property disposition on separation, divorce and death; alimony; wills; and life insurance benefits.


When a couple divorces in some states, each party keeps his or her separate property (so long as it was maintained separately during the marriage and not commingled with marital funds). If the parties have not reached an agreement, the court divides the marital property in the proportion that it deems ';just'; after considering all relevant factors. If you entered the marriage with a house or investment portfolio or an inheritance, and kept title to those assets separate during the marriage, these assets will be considered your separate assets and not subject to division. HOWEVER, the increase in value in those assets during the marriage, as well as any assets purchased with income from your original assets, will be considered marital property and subject to division upon divorce.





Keep in mind as well, that income contributed during the marriage to a retirement plan (such as a 401(k)) would be considered marital property. Further, the increase in value of your retirement account during the marriage is marital property. Consequently, upon divorce, the court could grant your spouse certain rights to your retirement plan account.





A prenuptial agreement allows the engaged couple to alter the definitions of “separate” and “marital” assets in order to protect their assets and control distribution of assets upon death or divorce.





Ok first you need to find a copy of your prenup, second those kids can not just kick you out of the house. You have a right to your stuff. I would call the cops and they will let you in It is the law. Second I would call a lawyer and explain everything, and give him a copy of the prenup and go from there. I wish you the best of luckI need Legal advice on what surviving spouses rights are in the State Of Michigan.. Real advice Please!!!?
OMG! FIrst off, in MOST states, the spouse is the next of kin. I don't know about Michigan but I am positive you can find out. Contact an attorney for legal advise. I


don't know what was in the pre-nup but you need to take that with you when you see the attorney.





I am so sorry for your loss. I don't see how you could have been turned away at the funeral home unless you were causing a scene. Asking to place a photo in the casket was not out of the ordinary.





Contact an attorney. Most offer a free consult and see what your rights are.





Good luck.
Try the links in http://www.freewebs.com/legaladvice/
The best advice is go to see an attorney and get him to evaluate your case.
Try the links in http://www.freewebs.com/legaladvice/
Wow. Get a damn good lawyer. Spare no money. How callous those people are. Goodluck
I definately encourage you to see a lawyer!!! Good luck to you. Sorry for your loss!! Call the police so you can get into the house and get your things!!!
I'm guessing the cops asked you to leave because everyone was yelling and screaming and the funeral home dialed 911 and when they got there they said who started this and everyone said you did, so they made you leave. Just like any other family dispute, no matter where. So you don't have a lawsuit for the funeral home incident if you showed your ***, they showed their asses and everyone got upset. You don't have any actual damages, what are you going to sue for??





You do have the right to enter your own home, no matter how pissed everyone is, so you can go to the sheriff or police dept and tell them the situation, show proof you have ownership of the property, and ask for a police escort to go get your property. If they refuse, you'll need an attorney to file a civil suit against them for the value of the lost property.

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