The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
The Michigan Certification of Waiver by Attorney for Surviving Spouse is a legal document that grants authority to an attorney to waive certain rights on behalf of a surviving spouse in regard to a deceased spouse's estate. This certification is a crucial step in the probate process, ensuring that the surviving spouse's interests are protected. Keywords: Michigan Certification of Waiver by Attorney, Surviving Spouse, legal document, authority, waive rights, deceased spouse, estate, probate process, interests protected. There are various types of Michigan Certification of Waiver by Attorney for Surviving Spouse, including: 1. Certification of Waiver of Notice: This type of certification allows the attorney to waive the requirement of providing notice to the surviving spouse regarding the administration of the deceased spouse's estate. By signing this certification, the attorney ensures that the surviving spouse is aware of and agrees to waive their right to receive formal notice. 2. Certification of Waiver of Inventory: In this type of certification, the attorney is authorized to waive the surviving spouse's right to receive an inventory of the deceased spouse's estate. By signing this document, the attorney acknowledges that the surviving spouse willingly relinquishes their entitlement to a detailed list of the deceased spouse's assets and debts. 3. Certification of Waiver of Account and Report: This particular certification permits the attorney to waive the surviving spouse's right to receive an account and report regarding the deceased spouse's estate administration. By signing this document, the attorney acknowledges that the surviving spouse agrees to forego receiving a comprehensive financial statement outlining the income, expenses, and distributions of the estate. 4. Certification of Waiver of Bond: This type of certification grants the attorney the authority to waive the requirement for the surviving spouse to post a bond to ensure the faithful execution of their duties as an executor or personal representative of the deceased spouse's estate. By signing this certification, the attorney acknowledges that the surviving spouse is exempted from the obligation to provide a financial guarantee. By utilizing the appropriate Michigan Certification of Waiver by Attorney for Surviving Spouse, the attorney can effectively navigate the probate process and assist the surviving spouse in managing the estate according to their wishes and the applicable laws.
