Probate - What are "dower rights"?

Return to Citizen Questions Menu

Return to Calhoun County Courts Home Page

Question

Please explain "dower rights" to me.  I live in Michigan and would like to know about dower rights

Answer

MCL 558.1 provides as follows:
The widow of every deceased person, shall be entitled to dower, or the use during her natural life, of 1/3 part of all lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof.
A surviving widow must make an election to take her dower rights or intestate share of the estate.  If there is a will, the surviving widow may elect to abide by the will, take against the will or take her dower right.   It would be very rare that a widow would elect dower since she would almost always be entitled to a greater share otherwise.  Such matters should be discussed with an attorney and the election needs to be based upon the particular circumstances each estate.

Return to Citizen Questions Menu

Return to Calhoun County Courts Home Page



Last Updated: 9-7-01

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