Article on Note. Michigan’s elective share: an EPIC failure

LeighAnna C. Cunningham recently published an Article entitled, Note. Michigan’s elective share: an EPIC failure, 94 U. Det. Mercy L. Rev. 273 (2017). Provided below is an abstract of the Article:

Michigan’s elective share stands out as singular in the landscape of current probate law, because Michigan’s elective share still allows a spouse to completely disinherit the surviving spouse. The history behind the current law reveals no justification to explain the rationale behind its approach, which remains unchanged since its original enactment in 1979. To be sure, it provides strong protection of testamentary freedom but at the cost of allowing testators to ignore spouse’s contributions to marital wealth, contributions that are otherwise recognized in Michigan Law. The historical reasons for such disregard of the surviving spouse are now outdated.