700.2201 Surviving spouse’s right to elective share. Sec. 2201. Subject to sections 2203 to 2205, upon an individual’s death, the individual’s surviving spouse has the right described by section 2202. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.2202 Election of surviving spouse. Sec. 2202. (1) The surviving widow of a decedent who was domiciled in this state and who dies intestate may file with the court an election in writing that she elects to take 1 of the following: (a) Her intestate share under section 2102. (b) If the decedent died before […]
700.2203 Failure to timely elect; exceptions. Sec. 2203. If a surviving spouse fails to make an election within the time specified in section 2202, it is conclusively presumed that an intestate decedent’s widow elects her intestate share or that a testate decedent’s spouse elects to abide by the terms of the will, except in either […]
700.2204 Actions not preventing election. Sec. 2204. Filing of a petition to admit the will of a deceased spouse, failing to object or consenting to admission of the will to probate, or accepting appointment as a personal representative does not prevent a surviving spouse’s election to take against the will. History: 1998, Act 386, Eff. […]
700.2205 Waiver of rights by surviving spouse. Sec. 2205. The rights of the surviving spouse to a share under intestate succession, homestead allowance, election, exempt property, or family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the party waiving after fair disclosure. Unless […]
700.2206 Pre-existing right not created. Sec. 2206. Sections 2201 to 2205 shall not be construed as creating an inchoate or choate right to the rights described in those sections in the property of a spouse before the death of a spouse. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
