When an individual dies in Michigan, a will or trust may be utilized to determine the distribution of property; however, the surviving spouse cannot be completely disinherited. Michigan law affords a surviving husband or wife a specific protection known as the “elective share.” This provision permits the spouse to declare, “I decline the bequest provided in the will and elect instead to receive the statutory entitlement.” Consultation with an experienced Washtenaw County Estate Planning Attorney is advisable for guidance.
How Does Michigan Law Protect a Surviving Spouse’s Inheritance?
The statutory right known as the elective share permits a surviving spouse to choose one of two options:
- To accept the assets allocated to them by the deceased spouse’s will or estate plan, or
- To reject those terms and instead claim a legally defined portion of the estate under Michigan law.
This provision is designed to prevent a spouse from being completely disinherited or receiving only a nominal amount while the majority of assets are distributed to others. The elective share serves as a minimum level of financial security for the surviving spouse; it is not a maximum limit, as the spouse retains the option to accept the will if its terms are more favorable.
The rules governing Michigan’s elective share are codified in the state’s probate statutes (part of the Michigan adaptation of the Uniform Probate Code). The law specifies which asssets compromise the “estate” for elective share purposes, sets the maximum size of the spouse’s claim, and details how this right interacts with other entitlements, such as the homestead allowance and exempt property. Given the complex terminology and formulas, it is in your best interest to consult with an attorney at Collis, Griffor, & Hendra, for a proper interpretation of the statute asit applies to your unique circumstances.
When and Why Would a Spouse Use the Elective Share?
A surviving spouse in Michigan may claim an elective share if the will offers them too little, such as a small cash amount, or if most assets are left to children from a prior marriage, other relatives, or placed in a third-party controlled trust. This option allows the spouse to claim a legally defined portion instead of accepting an unfair or financially vulnerable settlement, especially if they contributed ot the marriage or relied on the deceased for support.
Though the elective share goes against ht ewill’s stated wishes, the spouse must consider their own long-term financial security and needs. An attorney can help compare what the spouse receives under the will versus an elective share and the future impact of each.
To navigate spousal election against a will or to proactively plan your estate and prevent conflict, consult an adept attorney at Collis, Griffor, & Hendra.