ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2405 Selection, determination, and documentation.
Sec. 2405.
(1) If the estate is otherwise sufficient, property specifically devised shall not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, fiduciaries or others that have the care and custody of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property.
(2) The personal representative may make those selections if the surviving spouse, the adult children, or those acting for the minor children are unable or fail to do so within a reasonable time. The personal representative may execute a deed of distribution or other instrument to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $18,000.00, adjusted as provided in section 1210, or periodic installments not exceeding 1/12 of that amount per month for 1 year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
(3) The personal representative or an interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2003–2026 · leading case:
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
· cites it 3× “Under Mich. Comp. Laws § 700.2405 (1), the homestead property allowance shall not be satisfied with specifically devised property unless the estate is otherwise insufficient to satisfy the allowance.”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
“2403 and MCL 700.2405.” On August 14, 2008, petition filed an inventory listing only “Claim on Proceeds of CD Held By First Federal Bank” and listing “[$]0.”
In Re Seymour Est., 671 N.W.2d 109 (Mich. Ct. App. 2003).
“MCL 700.2405. Thus, while the family allowance statute has been amended over time, the reasonableness requirement has been retained, although the period of time of allocation of the benefit has been modified.”
In Re Nielsen Est. (Mich. Ct. App. 2026).
· cites it 9× “If the devise was a specific devise and Neal’s estate is “otherwise sufficient” as stated in MCL 700.2405, Neal’s children may not select items from the devise as part of their exempt-property allowance under MCL 700.”
State v. Bruederle, 2012 ND 26 (N.D. 2012).
· cites it 3× “Under Mich. Comp. Laws § 700.2405 (1), the homestead property allowance shall not be satisfied with specifically devised property unless the estate is otherwise insufficient to satisfy the allowance.”
— Mich. Comp. Laws § 700.2405(1) — 1 case
In Re Nielsen Est. (Mich. Ct. App. 2026).
“If the devise was a specific devise and Neal’s estate is “otherwise sufficient” as stated in MCL 700.2405, Neal’s children may not select items from the devise as part of their exempt-property allowance under MCL 700.”
— Mich. Comp. Laws § 700.2405(2) — 1 case
In Re Nielsen Est. (Mich. Ct. App. 2026).
“If the devise was a specific devise and Neal’s estate is “otherwise sufficient” as stated in MCL 700.2405, Neal’s children may not select items from the devise as part of their exempt-property allowance under MCL 700.”
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