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May the probate court waive or release any elective share or other spousal rights of a protected individual? (ref. sections 5407 and 2205) 0655

In determining the amount to which a surviving spouse is entitled under a premarital will, does it matter that an adopted child's adoption was not completed until after the execution of the will when such child is the devisee? (ref. sections 2301(1) and 2202) 0636

How is a spouse's elective share calculated when the net estate is far less than the intestate limits set forth in MCL 700.2102? (ref. sections 2102 and 2202) 0635

If there is a premarital agreement, must surviving spouse be served with a notice of right of election?  Should the premarital agreement be filed with the court? (ref. section 2205; MCR 5.305) 0571

May a will excluding a spouse from taking an intestate share affect what the spouse may take if there is an election against the will?  (ref. sections 2101(2) and 2202(2)) 0563

Does a widow's dower right cloud title so that the personal representative cannot sell estate real property without her consent? (ref. MCL 558.1; MCL 700.2202) 0553

When a spouse elects to take against the will, how should a devise to a trust benefiting the spouse be treated in determining the spouse's share of the estate? (ref. section 2202) 0539

Is a petition for allowances equivalent to an election against the will?  Is the no-contest clause in a trust not to take against a will enforceable? (ref. sections 2202, 2402, 2403, 2404, 2518 and 3905) 0527

Should the real estate located in another state be included in the base for computing the surviving spouse's elective share in the Michigan estate? (ref. sections 2101, 2202 and 3408) 0478

May a surviving spouse who dies during the administration of the first spouse's estate make an election to take against the will?  Is the surviving spouse's estate entitled to homestead allowance and exempt property? (ref. sections 2202(3), 2402, 2404 and 2104) 0476

May an allowance for a minor or dependent child be defeated by a will provision? (ref. sections 2402, 2403 and 2205) 0474

When property derived by the spouse from the decedent is used to lessen the elective share, how is joint property valued for such calculations? (ref. section 2202) 0467

If a spouse elects to take against the will, is real property located in another state included in the computation? (ref. sections 2102(1), 2202(2)(b) and 3706(1)) 0464

Is a spouse under a premarital will which leaves everything to children of a prior marriage limited to spousal allowances from the estate? (ref. sections 2202, 2301, 2402, 2403 and 2404) 0463

Is an elective share of surviving spouse reduced by allowances?  To what may a surviving spouse be entitled when the will leaves everything to a trust which benefits the children of decedent? (ref. sections 2301, 2202, 2402, 2403 and 2404) 0460

In a premarital will situation, how is the entitlement of the spouse to an intestate share affected by a devise to a trust that benefits natural children of the testator? (ref. sections 2201, 2202 and 2301) 0444

Does "property derived by the spouse of the decedent" include future payments from pensions and other sources?  If  so, must the payments be reduced to present value? (ref. section 2202) 0441

May a spouse precluded from taking under the premarital will provision elect against the will? (ref. sections 2301 and 2202(2)(b)) 0439

A will leaves everything to wife and if she were to predecease him to his four living children.  Wife dies and husband remarries but does not change will?  May second wife take her intestate share since children were contingent beneficiaries? (ref. sections 2301, 2202, 2402, 2403 and 2404) 0437

How may a legally incapacitated spouse may an election against the estate of a deceased spouse? (ref. section 2202(5)) 0434

When a spouse takes against the will and the will provides that all estate taxes are to be paid from the residue, how are Federal estate taxes calculated? (ref. sections 2202(2)(b), 3920 and 3921) 0396

If a personal representative has been appointed, what happens procedurally when there is a change in testacy status? (ref. sections 1308(2), 1309(b), 3401, 3612 and 2202) 0395

Surviving spouse believes a will may exist which excludes her.  She wishes to start the statute of limitations running on admission of such alleged will and to perfect any rights she may have against such will.  What may she do? (ref. sections 3412 and 2202(2)) 0389

Who needs to be served with the selection of homestead allowance and exempt property?  (ref. sections 2402, 2404, and 2202; MCR 5.305(C) and 5.125(C)(5)) 0369

Husband funds a living trust with all his property.  What rights does wife have against such a trust upon husband's death? (ref. sections 2202, 2402, 2403, 2404, 7501, 7502 and 7503) 0356

Do insurance proceeds paid to surviving spouse affect the amount of her allowances?  Do they affect the share she receives if she elects against the will? (ref. sections 2402, 2404 and 2202) 0328

Does a widow's election to take against the will of her husband also waive any claim she may have to take from husband's trust, to be funded by the pour over will? (ref. section 2202) 0270

When a spouse has waived her dower rights to property, is that property still considered in making a calculation as to what the spousal share will be if the spouse takes against the will? (ref. section 2202) 0240

When a spouse elects to take against the will, how is the spouse's share calculated? (ref. sections 2202, 2102, 2402, 2403, 2404) 0207

Has the Estates and Protected Individuals Code (EPIC) significantly affected dower rights? (ref. section 2205) 0176

Can a surviving spouse, omitted from a premarital will, who takes against the will also receive homestead, family and exempt property allowances? (ref. sections 2301, 2202(2)(b), 2402, 2403, and 2404) 0171

If wife is taken care of through a pension plan, can she still take against the will if not satisfied? (ref. sections 2202 and 2205) 0146

When a spouse takes against the will and her share is calculated, what property is included in "reduced by the value of all property derived by the spouse from the decedent"? (ref. section 2202) 0134

May a surviving spouse's estate make an election?  Can adopted children take from both adoptive parents and biological parents?  Are these rights substantive or procedural? (ref. sections 8101, 2202, 2114) 0098

May the estate of a surviving spouse elect to take against the will or elect dower? (ref. section 2202(2)) 0096

If a premarital will excludes a spouse leaving everything to children,  may the surviving spouse take anything against the will? (ref. sections 2301, 2201, 2202) 0067

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Last Updated:  10-5-09

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