What Are Surviving Spouse Rights in Michigan?
Losing a spouse is emotionally overwhelming, and it can also bring legal and financial concerns to the forefront. If you’re a surviving spouse in Michigan, it’s important to understand the rights and protections available to you. These laws are designed to ensure financial stability during this extremely challenging time. At Bassett Murray Law Group, PLLC, we’ve spent over 30 years guiding families through estate planning, elder law, and probate matters, always with a focus on creating long-term peace of mind.
In this article, we’ll explain Michigan’s laws on surviving spouse rights, providing you with clear, straightforward insights into how these protections work.
What Are Surviving Spouse Rights?
Surviving spouse rights are legal protections ensuring a spouse is not left without support after their partner passes away. Michigan’s laws address this in several ways, whether the deceased spouse had a will or passed away intestate (without a will).
A key part of these rights includes the elective share, which allows a surviving spouse to claim a portion of the deceased’s estate even if the will doesn’t provide for them. Michigan’s protections also extend to allowances for immediate needs, ensuring the surviving spouse has access to necessary resources.
Intestate Succession in Michigan
If your spouse passes away without a will, Michigan’s intestate succession laws determine how their estate is divided. These rules aim to ensure a fair distribution but may not always align with personal wishes. Here’s a breakdown of what happens under various circumstances:
- No descendants or parents: The spouse inherits the entire estate.
- Spouse and descendants from the marriage: The spouse receives the first $150,000 (adjusted for inflation) and half of the remaining estate.
- Spouse and descendants from another relationship: The spouse gets the first $100,000 and half of the balance, with the rest going to the descendants.
- Spouse and parents (no descendants): The spouse inherits the first $150,000 and three-quarters of the remaining estate.
These default rules highlight the importance of proactive estate planning to ensure your intentions are honored.
Elective Share
Michigan’s elective share provides a safety net for surviving spouses who might otherwise be excluded from the will. This law allows a spouse to claim a percentage of the deceased’s estate, ensuring a fair share regardless of the will’s terms.
Here are some key points:
- The elective share equals one-third of the decedent’s estate, including certain assets that bypass probate.
- The surviving spouse has a limited time—63 days after the service of the inventory or presentment of claims—to make this election.
Working through the implications of this decision can be complex, and seeking legal advice is often essential to understanding how it applies to your situation.
Spousal Allowances
Michigan provides three allowances to support surviving spouses and families during the transition:
- Homestead Allowance: This is a fixed amount designed to ensure the surviving spouse can maintain their residence. As of 2024, the allowance stands at $30,000.
- Exempt Personal Property: This protects up to $20,000 in household and personal items from being used to pay debts or distributed elsewhere.
- Family Allowance: This provides up to $30,000 for the spouse’s immediate financial needs while the estate is being settled.
These allowances are critical for maintaining financial stability in the short term.
Other Key Considerations for Surviving Spouses
Michigan’s laws also touch on several other areas that can affect a surviving spouse’s rights:
- Waiver of Rights: Spousal rights can be waived through prenuptial or postnuptial agreements. To be valid, such agreements must be executed with full disclosure and independent legal counsel.
- Legal Incapacity: If the surviving spouse is legally incapacitated, their guardian or conservator can decide whether to claim the elective share on their behalf, ensuring their financial well-being is protected.
- Non-Probate Assets: Assets like life insurance policies, jointly owned property, and certain trusts often bypass probate. While Michigan does not include these in the elective share, they may still provide financial security for the surviving spouse.
Estate Planning Tools to Protect Your Spouse
Planning ahead is the best way to ensure your spouse is taken care of after your passing. Here are some tools to consider:
- Wills: A will allows you to clearly outline how your assets should be distributed, ensuring your spouse receives what you intend.
- Trusts: Establishing trusts, such as revocable living trusts or marital trusts, can provide greater control over your assets and ensure long-term support for your spouse.
- Beneficiary Designations: Keeping your beneficiary designations up-to-date on accounts like retirement funds and insurance policies is critical to prevent unintended consequences.
Secure Your Family’s Future: Contact Bassett Murray Law Group Today!
Understanding the rights of a surviving spouse is a key step in protecting your family’s financial future. At Bassett Murray Law Group, PLLC, we’re dedicated to providing compassionate and thorough guidance during life’s most challenging moments. Let’s work together to ensure your loved ones are secure and your wishes are honored.
Call us today at 734-930-9200 (Ann Arbor) or 231-427-2292 (Petoskey), or visit our Contact Us page to schedule a consultation. We’re here to help.
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Bassett Murray Law Group, PLLC
2045 Hogback Road
Ann Arbor, MI 48105
Phone: 734-930-9200
Fax: 734-930-9942
Petoskey Office
By Appointment only
3319 Lakeside Dr S
Petoskey, MI 49770
Phone: 231-427-2292
Bassett Murray Law Group, PLLC
2045 Hogback Road
Ann Arbor, MI 48105
Phone: 734-930-9200
Fax: 734-930-9942