In Re Estate of Sprenkle-Hill

703 N.W.2d 191
CourtMichigan Court of Appeals
DecidedApril 15, 2005
Docket248783
StatusPublished
Cited by1 cases

This text of 703 N.W.2d 191 (In Re Estate of Sprenkle-Hill) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Sprenkle-Hill, 703 N.W.2d 191 (Mich. Ct. App. 2005).

Opinion

703 N.W.2d 191 (2005)

In re ESTATE OF Ida SPRENKLE-HILL, Deceased.
George H. Hill, Petitioner-Appellant,
v.
Leslie R. Flint, Respondent-Appellee, and
David H. Tripp, Personal Representative of the Estate of Ida Sprenkle-Hill, Deceased, Respondent.

Docket No. 248783.

Court of Appeals of Michigan.

Submitted October 5, 2004, at Lansing.
Decided February 22, 2005, at 9:00 a.m.
Released for Publication April 15, 2005.

William M. Doherty, Hastings, for the petitioner.

Before: WHITBECK, C.J., and JANSEN and BANDSTRA, JJ.

PER CURIAM.

Petitioner George H. Hill appeals as of right from the probate court's order denying *192 his petition to elect against the decedent's will and claim a spousal share under M.C.L. § 700.2202(2). We reverse. We decide this case without oral argument pursuant to MCR 7.214(E).

I. Basic Facts And Procedural History

The decedent, Ida Sprenkle-Hill, had executed a will and trust in 1999, providing that on her death her entire estate would pour into the trust, which in turn would disburse specific amounts totaling $9,000 to two individuals and the remainder to her two sons. Sprenkle-Hill died in 2001. She had married Hill six months earlier, but never changed her will. Hill filed a spouse's election under M.C.L. § 700.2202(2). The probate court concluded that the general spousal election under M.C.L. § 700.2202(2) was not available to Hill because he was entitled to receive a share of the estate pursuant to M.C.L. § 700.2301, which applies to a spouse who married the testator after the testator's will was executed.

II. M.C.L. § 700.2202 and M.C.L. § 700.2301

A. Standard Of Review

Statutory construction is a question of law that requires review de novo.[1]

B. The Statutory Language

This case involves the interaction between two provisions of the Estates and Protected Individuals Code (EPIC)[2]: M.C.L. § 700.2202, which is editorially captioned "election of surviving spouse," and M.C.L. § 700.2301, which is editorially captioned "entitlement of spouse; premarital will." M.C.L. § 700.2202 provides, in relevant part:

(2) The surviving spouse of a decedent who was domiciled in this state and who dies testate may file with the court an election in writing that the spouse elects 1 of the following:
(a) That the spouse will abide by the terms of the will.
(b) That the spouse will take ½ of the sum or share that would have passed to the spouse had the testator died intestate, reduced by ½ of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent's death.

M.C.L. § 700.2301 provides, in relevant part:

(1) ... [I]f a testator's surviving spouse marries the testator after the testator executes his or her will, the surviving spouse is entitled to receive, as an intestate share, not less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that is not any of the following:
(a) Property devised to a child of the testator who was born before the testator married the surviving spouse and who is not the surviving spouse's child.
(b) Property devised to a descendant of a child described in subdivision (a).
(c) Property that passes under section 2603 or 2604[3] to a child described in subdivision (a) or to a descendant of such a child.

In other words, under § 2202, a surviving spouse may elect either to abide by the will or to receive a share of the decedent's *193 estate, which is referred to as the spouse's "elective share."[4] Under § 2301, a "pretermitted spouse" — that is, a surviving spouse who married the testator after the will was executed — is entitled to receive an intestate share of a specified portion of the estate.[5]

C. Interpreting The Language

Hill did not claim a share of the estate as a pretermitted spouse under § 2301, but chose instead to take his elective share under § 2202. The question this case presents is whether Hill was entitled to take his elective share as a surviving spouse or whether, as a pretermitted spouse, he was limited to the remedy afforded under § 2301. EPIC did not become effective until April 1, 2000, and this Court has not yet addressed the interaction between these provisions. We are thus faced with a question of statutory interpretation that we resolve using the following well-established principles.

The primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature.[6] The first step in determining legislative intent is to review the language of the statute.[7] If the statute is unambiguous, the Legislature is presumed to have intended the meaning expressed, and judicial construction is neither required nor permissible.[8] However, "[w]hen reasonable minds may differ with regard to the meaning of a statute, the courts must look to the object of the statute, the harm it is designed to remedy, and apply a reasonable construction that best accomplishes the purpose of the statute."[9]

A review of the language of the elective-share provision reveals that, by its terms, it applies to "[t]he surviving spouse of a decedent who was domiciled in this state and who dies testate...." This language is unambiguous, and there is no question that Hill satisfies these criteria. There is no reference anywhere in § 2202 to § 2301, nor does the language of § 2202 indicate that it does not apply to a surviving spouse who is not mentioned in the decedent's will.

The language of the pretermitted-spouse provision indicates that it applies to a "surviving spouse" who "marries the testator after the testator executes his or her will...." This language is also unambiguous, and Hill likewise satisfies these terms. Although § 2301 contains several exceptions — for example, where there is evidence that the testator made the will in contemplation of the marriage to the surviving spouse[10] — nothing in § 2301 indicates that a person who meets the qualifications for receiving an intestate share under § 2301 is barred from taking an elective share under § 2202.

Given the absence of ambiguity in the statutory language of §§ 2202 and 2301 and the lack of any statutory language to the contrary elsewhere in EPIC, we conclude that a surviving spouse who married the testator after the will was executed is not barred from claiming an elective share *194 under the terms of § 2202. This construction is consistent with the reporter's comment to § 2301, which indicates that a pretermitted spouse is eligible to choose an elective share of the estate under § 2202.[11] It is also consistent with the operation of the analogous provisions of the Uniform Probate Code,[12] on which EPIC is modeled.[13] Further, when this Court construed the analogous provisions of Michigan's previous Revised Probate Code, it held that a spouse could take an elective share without waiving the remedy provided for pretermitted spouses,[14] which implies that the two provisions were not considered mutually exclusive.

This interpretation also furthers the policy considerations underlying each provision.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

in Re Jajuga Estate
881 N.W.2d 487 (Michigan Court of Appeals, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
703 N.W.2d 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-sprenkle-hill-michctapp-2005.