Legal Question in Wills and Trusts in Michigan

Re: Can a benificiary receive money while a probate hasn't been completed?

Michigan law provides that a reasonable family allowance may be paid to a surviving spouse. The personal representative of the estate has the authority to pay up to $18,000.00 to the surviving spouse as part of this family allowance. Payment beyond the $18,000.00 is subject to the approval of the Court. In addition, the surviving spouse is entitled to a homestead allowance in the amount of $16,000.00 and exempt tangible personal property with a value equal to $10,000.00. The personal representative is required to notify the surviving spouse of these rights within 28 days of his or her appointment. Your friend may file a petition with the probate court regarding these allowances. Our firm specializes in this area and would be glad to assist your friend if needed.