Probate - Does the exempt property for surviving adult children have to be split with grandchildren of a predeceased child?

Question

If exempt property is claimed according to (MCL 700.2404 ) does it matter if the surviving adult children are married and were not dependent on the decedent for support before the decedents death?  Does the exempt property for surviving adult children have to be split with the four grandchildren that are receiving their parents share of the estate by right of representation?

Answer

No.  Dependency is not a requirement to receive this allowance.

No.  I know of know provision that would allow the grandchildren to share in the allowance.

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Last Updated:  1-11-05

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