Detailed Answer
Under Michigan law, heirs of a decedent who dies intestate inherit property according to MCL 700.2102 et seq. A surviving spouse may claim a statutory elective share under MCL 700.2801 et seq., but the statute does not authorize an heir or spouse to elect a life estate in specific property in lieu of an intestate share.
Elective Share Amount
Michigan’s elective share under MCL 700.2804 is:
• 100% of the augmented estate if no surviving descendants or parents exist
• 50% of the augmented estate if there are surviving descendants or parents
Additional Allowances
A surviving spouse may also claim:
• Family allowance up to $12,000 (MCL 700.2807)
• Homestead allowance up to $10,000 (MCL 700.2401)
• Exempt personal property up to $25,000 (MCL 700.2808)
Renouncing an Intestate Share
An heir may disclaim (renounce) all or part of their intestate share under MCL 700.2931. To be valid, the disclaimer must be in writing, filed within 9 months of the decedent’s death, and meet statutory formalities. A disclaimer simply causes the disclaimed interest to pass to other heirs and does not convert it into a life estate.
Life Estate by Agreement
Although Michigan does not provide a statutory election for a life estate in lieu of an intestate share, heirs can negotiate a private agreement. For example, co-heirs or the personal representative may agree to grant one heir a life estate in real property in exchange for a different distribution of other assets.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified Michigan attorney about your specific situation.
Helpful Hints
- Review spousal elective share rights under MCL 700.2801 et seq. before making any election.
- File a spousal elective share election within 6 months after the personal representative’s appointment or within 1 year after death (MCL 700.2811).
- Compare the total value of the elective share, family allowance, homestead allowance, and exempt property before deciding.
- If seeking a life estate, propose a written agreement or partition plan with co-heirs and the personal representative.
- To disclaim part or all of your intestate share, follow the requirements of MCL 700.2931 and file within 9 months of the decedent’s death.