Legal Question in Wills and Trusts in Michigan

Re: Contesting Spousal Election

The spouse's right to elect against a deceased spouse's Will does apply in all circumstances, unless the spouse waived his or her right of election in a written document signed by the spouse after fair disclosure. Keep in mind, however, that the amount the spouse can receive if she elects against the Will is reduced by 1/2 of the value of all assets she received outside of the Will as a result of the deceased spouse's death.

The surviving spouse also has a right to receive a homestead allowance ($17,000.00), exempt property ($11,000.00) and family allowance (up to $20,000.00 without the need for Court approval).

The homestead allowance and exempt property are in addition to what is left for the surviving spouse under the Will, unless the Will says otherwise. It does not appear that the Will in your case says otherwise.

The family allowance must be reasonable. Therefore, if you believe that the amount being paid to the surviving spouse as a family allowance is unreasonable, you do have a right to object in Court.

This is the type of matter that is best handled by an attorney. Our firm handles many of these types of matters, feel free to contact us if we can be of further assistance.