No will

[Mrmcws04]

Jurisdiction

Michigan

My father passed oct 2015 his wife (2nd marriage not my mother) stated she gets everything , no will-jointly owned hm,bank accounts ... my brother and i want to know if we can contest this or is it to late. what happens their estate should she pass does the remains of the jointly made estate go to her kids or should everything be split by her 4 and my fathers 2 children?

 

[adjusterjack]

My father passed oct 2015 his wife (2nd marriage not my mother) stated she gets everything , no will-jointly owned hm,bank accounts ... my brother and i want to know if we can contest this or is it to late

Sorry, it was too late one minute after your father died. Everything that was owned jointly went to his spouse (house, bank accounts, cars).

In addition to that, anything on which he listed her as beneficiary

However, if you can determine whether he had any assets that were his sole and separate property and had no beneficiary designations, you can open probate under intestacy and claim a share of those assets.

Unfortunately, from a practical standpoint that's not likely to happen.

what happens their estate should she pass does the remains of the jointly made estate go to her kids or should everything be split by her 4 and my fathers 2 children?

Nope. She owns it all. It goes to whoever she wants to leave it to which is likely her children. Even under intestacy (if she did without a will) it would still go to her own children.

 

[army judge]

My father passed oct 2015 his wife (2nd marriage not my mother) stated she gets everything , no will-jointly owned hm,bank accounts ... my brother and i want to know if we can contest this or is it to late. what happens their estate should she pass does the remains of the jointly made estate go to her kids or should everything be split by her 4 and my fathers 2 children?

The law of intestacy in MI as explained by Wayne County Probate Court:

Michigan Intestate Succession