Does the surviving spouse have to formally request homestead allowance and family allowance from a probated estate?

Asked about 2 years ago - Sterling Heights, MI

Widowed Decedent died with a will written before second marriage. The will named children as heirs. Surviving spouse has rights of election plus (possibly) rights to a homestead allowance and family allowance. Probate form PC581 is used to notify/select eletive rights. How does surviving spouse elect to receive homestead allowance and family allowance?

Attorney answers (3)

  1. John F. Brennan

    Contributor Level 19

    2

    Lawyers agree

    Answered . Has the will been admitted to probate? First you have to open a probate estate, notice the heirs, appoint a personal rep and then the widow takes her elections and allowances.
    I would believe that it would greatly speed the process if you engaged a probate practioner, either from my office or elsewhere. Good luck.

    To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an... more
  2. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . Whenever we have taken these rights, we have always filed the form with the court. It is relatively unusual that this is necessary, because most of the time, the assets are joint. There is also an exempt property allowance which the spouse can claim. Proving title to assets can be a challenge. The spouse, if not acting as PR, should send the form to the PR and to the court. This can be very tricky, as Attorney Brennan observed, and it usually calls for retaining an attorney. Attorney Brennan is on your side of town. He would be an excellent resource, if you do not have an attorney in mind.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  3. Kenneth R. Gold

    Contributor Level 11

    2

    Lawyers agree

    Answered . I would agree with the two other answers and also that you should retain an attorney to assist you. The form should be sent to the pr and the court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,991 answers this week

2,773 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,991 answers this week

2,773 attorneys answering