Does a surviving spouse have any rights to an intestate estate when there is a will?

In Michigan, a surviving spouse is entitled to a portion of an intestate estate when there is a will. The Michigan Estates and Protected Individuals Code (EPIC) outlines the rules of intestate succession and states that when there is a will, a surviving spouse is entitled to receive one-half of the deceased’s estate, or an elective share of one-third of the estate plus certain additional property such as real estate. The remainder of the intestate estate is divided among other surviving family members in accordance with Michigan law. If the deceased left a will, the surviving spouse is only entitled to the rights provided in the will. A will is a binding legal document that dictates how the deceased’s assets are to be distributed among named beneficiaries. If the will does not specifically provide for the surviving spouse, then the spouse has no legal right to the estate. However, if the will is found to be invalid or incomplete, the surviving spouse may be able to claim their rightful share of the intestate estate. Therefore, in Michigan, when there is a will, a surviving spouse is generally entitled to a portion of the intestate estate, but the amount is dependent on the terms of the will and state law. If the will does not specifically provide for the surviving spouse, then the surviving spouse has no legal right to the estate. However, if the will is found to be invalid or incomplete, the surviving spouse may be able to claim their rightful share of the intestate estate.

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Does a surviving spouse have any rights to an intestate estate when there is a will?

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