Legal Question in Wills and Trusts in Michigan
Spouse allowances and what they're for
My father died with a will in place that his wife has elected against. She is taking the full allowances of $43,000 ($15K, $18K, $10K). She has lived in my father's home (that is being willed to the children) since his death on 8/15/02. I understand that one of the allowances is to cover her living expenses for a year. She has just recently charged the estate for the property taxes on this house. Isn't this double dipping? I assume that part of her living expenses would be taxes on the home she lives in, and that this should come from the allowances that she's taking. I could understand if this was another house that my father owned (perhaps a rental property) that she had to pay taxes on. But becuase she lives in this home, and these taxes are part of her expenses, I wouldn't think that she could collect the allowances, and take money from the estate to pay the taxes. Please explain. Thanks.
1 Answer from Attorneys
Re: Spouse allowances and what they're for
You are correct. Expenses for the house should be deducted from the family allowance. See this article for more information. http://courts.co.calhoun.mi.us/epic0427.htm
Gary Weingarden
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
