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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

When a deceased person has assets that require a court proceeding to administer (aka “probate”), a surviving spouse has certain rights&nbsp;in the estate assets. But, what if the couple wasn’t living together anymore when the spouse died? What if the couple acted as though they were essentially divorced?&nbsp;

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The&nbsp;<em>Erwin&nbsp;</em>case from 2018 explored these issues, and held that each marital situation must be evaluated on a case-by-case basis to determine if the surviving spouse will in fact be treated as a spouse under estate laws. &nbsp;

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<em>Erwin&nbsp;</em>concluded that a surviving spouse will be considered “willfully absent” from the marriage, and as a result not a spouse for the deceased person’s estate, if: (1) the surviving spouse intended to be absent from the deceased spouse for one year or more before death; and (2) there was a complete physical absence and emotional absence between the spouses for one year or more before death&nbsp;(resulting in a practical end to the marriage). Estate administration can get complicated; we can help. &nbsp;

Partner

Laura E. Morris

David L.J.M. Skidmore

Probate Litigation

Trusts and Estates

Surviving Spouse: Till Death Do Us Part — Or Not

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Surviving Spouse: Till Death Do Us Part — Or Not

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