In Re Von Greiff Estate

Summary

The Michigan Supreme Court held that filing for divorce does not categorically prevent a spouse from being found willfully absent under the governing probate statute. However, filing a divorce action creates a rebuttable presumption that the spouse was not willfully absent, and the challenger must show that the spouse's direct or indirect communications were inconsistent with recognition of the continuing legal marriage. Applying that rule, the Court affirmed the Court of Appeals because the challenger did not rebut the presumption in light of the parties' attorney-mediated progress toward resolving the divorce.