(1) For their maintenance during the period of administration, a reasonable family allowance is payable to the decedent‘s surviving spouse and minor children whom the decedent was obligated to support, and children of the decedent or another who were in fact being supported by the decedent, which allowance shall not continue for longer than 1 year if the estate is inadequate to discharge allowed claims. The family allowance may be paid in a lump sum or in periodic installments. The family allowance is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be paid partially to the child or to a fiduciary or other person having the child’s care and custody, and partially to the spouse, as their needs may appear.
  (2) The family allowance is exempt from and has priority over all claims except administration costs and expenses, reasonable funeral and burial expenses, and the homestead allowance. The family allowance is not chargeable against a benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of an individual entitled to family allowance terminates the right to allowances not yet paid.

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Terms Used In Michigan Laws 700.2403

  • Child: includes , but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. See Michigan Laws 700.1103
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
  • Family allowance: means the allowance prescribed in section 2403. See Michigan Laws 700.1104
  • Homestead allowance: means the allowance prescribed in section 2402. See Michigan Laws 700.1104
  • Intestate: Dying without leaving a will.
  • Minor: means an individual who is less than 18 years of age. See Michigan Laws 700.1106
  • Person: means an individual or an organization. See Michigan Laws 700.1106