What statutory right allows a surviving spouse to claim an interest in a decedent's property, regardless of a will?

The elective share is a legal provision that allows a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the terms set forth in a will. This right ensures that a surviving spouse receives a minimum level of financial support after the death of their partner, acknowledging the joint nature of their lives and the contributions each partner makes to the marriage.

In Michigan, the elective share generally amounts to a specific percentage of the estate, effectively providing a safeguard for the surviving spouse against disinheritance. This provision stems from the idea that spouses should be treated fairly, especially in the context of property and financial matters, even if one spouse attempts to sidestep this obligation through their will.

Understanding this, it becomes clear why the elective share is essential for protecting the interests of a surviving spouse in the face of a will that may not adequately reflect their rights or contributions to the marriage.