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Does the probate court have jurisdiction to hear a dispute between a competent principal and former attorney-in-fact? (ref. sections 1302(d), 1303(1)(j) and 5503(1)) 0659

May a probate court remove a trustee in light of MCL 555.26? (ref. sections 1302(b), 7201(1) and MCL 555.26) 0621

Does the probate court have exclusive jurisdiction as to enforcing the satisfaction of the claim against the probate estate (and to the trust to the extent the probate estate is insufficient)? (ref. sections 1302, 1303, 3806, 3807(1) and 7507) 0606

Absent a guardianship or conservatorship, does probate court have jurisdiction to hear a dispute about activity under a power of attorney initiated by a third party? (ref. sections 1302(d), 1303(d) and 1104(e); MCR 5.119 and 5.125(C)(31)) 0601

If a trust beneficiary alleges to a trustee that the settlors amended the instrument to provide for a different trustee upon their death but refuses to proffer this information to the trustee, what action should be taken? (ref. sections 1302(b) and 7206) 0599

How and where should an estate be administered when there has been a previous small estate assignment? (ref. sections 1302, 3959 and 3982; MCR 5.312) 0556

Does the probate court have jurisdiction to determine who should receive payments from a decedent’s annuity contract where the beneficiary was a trust which was subsequently terminated and no alternative beneficiary was designated? (ref. sections 1302, 1303 and 1104) 0548

Is a trust invalid if improperly notarized?  What rights does a co-trustee have to remove another co-trustee? (ref. sections 1302(b) and 7201) 0511

When a residual charitable beneficiary of a trust can not be located, how should the trustee proceed?  (ref. sections 2713, 2716, 1303(e) and 7201) 0479

Must an action by a co-trustee to remove the other co-trustee be deemed a civil action? (ref. section 1302(b)(i); MCR 5.101) 0468

Does the probate court have jurisdiction to determine decedent's capacity to have married? (ref. sections 1302 and 1303) 0450

Power of Attorney - Is an attorney-in-fact prohibited from self dealing? (ref. sections 1214, 1303(1)(j) and 1103(a); MCR 5.125(C)(31)) 0428

If a personal representative fails to timely file an inventory or other paper must the court suspend him or her?  Must a special fiduciary then be appointed? (ref. sections 3706, 3611, 3613, 3614 and 1308(1); MCR 5.203 and 5.307) 0413

May an Order of Assignment be used to transfer Michigan assests of a decedent who was not a United States resident? (ref. sections 3982 and 1301) 0402

If a personal representative has been appointed, what happens procedurally when there is a change in testacy status? (ref. sections 1308(2), 1309(b), 3401, 3612 and 2202) 0395

Is there a provision regarding interest on distributions to beneficiaries similar to the provision concerning interest on pecuniary devises? (ref. sections 3904, 7201 and 1302) 0390

How should a subsequent suit on a disallowed claim be coordinated with the separately running probate case? (ref. sections 3806, 1302, 1303, 3951, 3954 and 3703) 0381

On petition of the trustee of an irrevocable trust, accompanied by written consent of all beneficiaries, may the probate court extend the term of a trust beyond the date of termination specified in the trust agreement? (ref. sections 1302(b) and 7202) 0373

May the court terminate a trust when there is not consent of all beneficiaries?  May a court create a trust for a minor that extends beyond minority? (ref. sections 1302(b) and 7207; MCL 555.23) 0357

May a summary proceeding to recover possession of premises be brought in the probate court? (ref. section 1302(b); MCL 600.5704) 0352

Can a small estate proceeding be used to transfer Florida bank accounts to a Michigan trust? (ref. sections 1301, 3982 and 3983) 0341

Does a trustee have a right to invoke the court's jurisdiction to hear and settle an account whether there is or is not an actual conflict to address? (ref. sections 7307, 7201(2), 1105(c) and 1302(b)(iii); MCR 5.125(C)(6)) 0318

What procedure should be followed when beneficiaries of a trust agree to modify the distribution
of property to be received by an estate? (ref. sections 3914, 1302(b) and 7207) 0313

When, subsequent to appointment, a will is discovered which may change testacy status, what responsibility does the court or personal representative have to interested persons? (ref. sections 3612, 3301(1)(d), 3414(2), 3402 and 1309(a)) 0310

When dealing with a non citizen decedent with whereabouts of heirs unknown, what is the proper procedure for a creditor to follow to appoint a personal representative? (ref. sections 1302, 3201, 3202 and 3403; MCR 5.105(3) and 5.302) 0296

How would a handwritten list purporting to change a trust be treated? (ref. sections 7201 and 1302) 0279

Does an order to supervise a trust and restricting transfer of real estate from the trust make the trust irrevocable or prevent the making of a revocation of trust, new will or deed concerning real estate? (ref. sections 1302(b) and 1303(1)(a)) 0269

Can assets be discovered before an estate is opened? (ref. sections 1205(1)(b) and 1302; MCR 5.101(C) and 5.131(B)) 0263

Does the probate court have exclusive jurisdiction over a suit against an estate concerning a contract? (ref. sections 1302 and 1303) 0243

When is a charitable beneficiary an interested person in a proceeding seeking approval of an agreement to modify the trust agreement? (ref. sections 1302(b) and 7207) 0232

What statutes or court rules govern stays for appeals from probate orders? (ref. section 1305; MCR 5.802(C)) 0137

What action by the court is authorized when a conservator exceeds his or her authority? (ref. sections 1308 and 1309; MCR 5.409(E), 5.204 and 5.121) 0126

When may a special fiduciary be appointed? May a special personal representative be appointed in an informal proceeding without a request for a general personal representative? (ref. sections 1309, 3614) 0090

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Last Updated:  11-18-09

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@internet1.net