In re Eggleston Estate

Petitioner, Maxanne Taverniti, appeals as of right the probate court’s denial of the request for election of the surviving spouse. MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D. Eggleston (“Max”), a legally incapacitated person, sought the election against the estate of Max’s deceased wife, Florence L. Downs Eggleston. Respondent, the personal representative of the estate of Florence L. Downs Eggleston, opposed the petition, asserting that the probate court was required to determine the propriety of the election and there were sufficient resources available to…