Can I disinherit my spouse or child in Michigan?

1. Spousal Disinheritance. Michigan is a separate-property state. Under MCL § 700.2202, a surviving spouse may elect to take one-half of the share that would have passed under intestacy, reduced by one-half of the value of property received outside the will.

2. Augmented Estate. Michigan has partially adopted UPC concepts under the Estates and Protected Individuals Code (EPIC), but uses an intestate-share-based formula rather than a pure UPC sliding scale.

3. Elective Share Procedure. The election must be filed in writing with the probate court within 63 days after the inventory is presented or within 63 days after service of the notice of right to election, whichever is later (MCL § 700.2202(2)(c)).

4. Pretermitted Child. Under MCL § 700.2302, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or the testator provided for the child outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Michigan.

7. Prenuptial / Postnuptial Waiver. Michigan enforces premarital agreements under Allard v. Allard, 318 Mich. App. 583 (2017), and Reed v. Reed line of cases, requiring voluntary signing and adequate disclosure.

8. Homestead, Family Allowance, Exempt Property. Homestead allowance of $15,000 (adjusted for inflation) under MCL § 700.2402; family allowance under § 700.2403; exempt property under § 700.2404, all paid regardless of will provisions.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution under MCL § 700.3407; contest period limited by EPIC procedures.

This is legal information, not legal advice.