Mich. Comp. Laws § 700.2102

Share of spouse.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.2102 Share of spouse.

Sec. 2102.

(1) The intestate share of a decedent's surviving spouse is 1 of the following:

(a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.

(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.

(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.

(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.

(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.

(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.

(2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.

History: 1998, Act 386, Eff. Apr. 1, 2000

PopularName Notes:

EPIC

Notes of Decisions

Cited in 7 cases, 2003–2018 · leading case: King v. Nash (In Re Estate of Erwin)

Sort: Relevance Newest Treatment

King v. Nash (In Re Estate of Erwin) (2018) mich · cites it 4× “4 MCL 700.2102. 2 “[w]as willfully absent from the decedent spouse”5 and therefore cannot take the surviving-spouse share.”

In Re BENNETT ESTATE (2003) michctapp · cites it 3× “7 The amount of the intestate share is limited by the provisions of MCL 700.2102. 8 MCL 700.2102(l)(f) allocates to a surviving spouse “[t]he first $100,000.”

In Re RAYMOND ESTATE (2009) mich · cites it 2× “" [9] Typically, a predeceased sibling's spouse would be entitled to take a portion of the sibling's share pursuant to MCL 700.2102. There is no indication here, however, that any predeceased sibling's spouse was still alive at the time that testator died.”

Bassett v. Snyder (2013) mied · cites it 2× “And although it is true, as the defendant argues, that Michigan’s intestacy statutes do not prevent gay and lesbian persons from inheriting, they do prevent gay and lesbian persons from inheriting from their partners, as only spouses, descendants, and paternal and maternal…”

in Re Jajuga Estate (2015) michctapp “2404 clearly indicated that the Legislature intended for those provisions to operate in a parallel manner. Additionally, the court rejected respondent’s argument that interpreting the exempt-property provision as a right would conflict with MCL 700.”

Gold v. Demeter (In re Demeter) (2015) mieb · cites it 4× “See former Mich. Comp. Laws Ann. § 700.105 (c) (repealed in 2000).”

in Re Erwin Estate (2016) michctapp “For the purposes of intestate succession, a spouse who ceased supporting the decedent spouse before his or her death may not take a share from an intestate estate: .”

— Mich. Comp. Laws § 700.2102(2) — 1 case

— Mich. Comp. Laws § 700.2102(l)(f) — 1 case

In Re BENNETT ESTATE (2003) michctapp “7 The amount of the intestate share is limited by the provisions of MCL 700.2102. 8 MCL 700.2102(l)(f) allocates to a surviving spouse “[t]he first $100,000.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.