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Notice To Spouse Of Rights Of Election And Allowance {PC 581}
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Description
Approved, SCAO JIS CODE: NSE STATE OF MICHIGAN PROBATE COURT COUNTY OF Estate of TO: NOTICE TO SPOUSE OF RIGHTS OF ELECTION AND ALLOWANCES, PROOF OF SERVICE, AND ELECTION FILE NO. NOTICE As surviving spouse of a decedent domiciled in Michigan, you have the right to elect between certain property interests in this estate. 1. Your spouse died leaving a will. You may elect one of the following: a. To abide by the terms of the will. b. To take half of the share that would have passed to you had your spouse died without a will, reduced by half of the value of all property derived from your spouse by any other means other than testate or intestate succession upon his/her death. 2. Your spouse died leaving no will. You may take your intestate share. 3. This election shall be made within 63 days after the date for presentment of claims, or within 63 days after service of inventory upon you, whichever is later. Send a copy of this election to the personal representative. You may also file a copy with the court. 4. You may also have the right of priority to homestead, certain property, and a family allowance. Attorney name (type or print) Address City, state, zip Telephone no. Signature of personal representative Address City, state, zip Telephone no. I served by mail personally PROOF OF SERVICE OF NOTICE the above notice on the spouse on Date . I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Date Choose only one box. Signature SPOUSE'S ELECTION 1. I will abide by the terms of the will. 2. I will take half of the share that would have passed to me had the testator died intestate, reduced by half of the value of all property derived from the decedent by any means other than testate or intestate succession upon the decedent's death. 3. I, as widow, take my intestate share (no will) as prescribed by law. Signature Date I served by mail personally PROOF OF SERVICE OF ELECTION the above spouse's election on the personal representative on Date . I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Date Signature Do not write below this line - For court use only American LegalNet, Inc. www.FormsWorkFlow.com PC 581 (6/17) NOTICE TO SPOUSE OF RIGHTS OF ELECTION AND ALLOWANCES, PROOF OF SERVICE, AND ELECTION MCL 558.1, MCL 558.2, MCL 700.2202, MCL 700.3705, MCR 5.305
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