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May the biological next of kin of an adopted individual inherit by intestate succession from the adopted individual? (ref. section 2114(3); MCL 710.60(2))  0660

How is a spouse's elective share calculated when the net estate is far less than the intestate limits set forth in MCL 700.2102? (ref. sections 2102 and 2202) 0635

If a decedent resided in another state, does Michigan law of intestate succession control the distribution of property located in Michigan? (ref. sections 2102, 3919 and 4204) 0624

Is a child adopted by step father entitled to an exempt property allowance from his or her biological father’s estate? (ref. sections 2114, 2404 and 1103(f)) 0613

What should be done when an individual has been initially determined to be an heir but subsequent investigation indicates that the individual may not be an heir? (ref. section 2114) 0598

For intestate succession and interested parties for guardianship, what is the legal relationship between biological brothers and sisters when both of their parents’ rights were terminated, but they were not adopted? (ref. section 2114(3); MCR 5.125(C)(22)) 0588

When the original trust which is the devisee of an estate cannot be located, how should the estate be distributed? (ref. sections 2604 and 2101(1)) 0581

How should will language disinheriting individuals be applied? (ref. section 2101) 0572

Is an individual in gestation at a particular time is treated as living at that time? (ref. section 2108) 0570

May a will excluding a spouse from taking an intestate share affect what the spouse may take if there is an election against the will?  (ref. sections 2101(2) and 2202(2)) 0563

When a spouse does not survive by 120 hours, how must the jointly held property be distributed?  (ref. sections 2701, 2702, 1104(j) and 2104) 0554

Who are interested persons when only cousins survived?  Must notice be given if interested persons may be deceased? (ref. sections 1104(m) and 2103) 0535

Does listing a child born out-of-wedlock as an heir on a petition for appointment of personal representative and determination of testacy prejudice the personal representative’s position that the individual is not a pretermitted heir? (ref. sections 2114 and 2302) 0508

Should the real estate located in another state be included in the base for computing the surviving spouse's elective share in the Michigan estate? (ref. sections 2101, 2202 and 3408) 0478

May a surviving spouse who dies during the administration of the first spouse's estate make an election to take against the will?  Is the surviving spouse's estate entitled to homestead allowance and exempt property? (ref. sections 2202(3), 2402, 2404 and 2104) 0476

If a spouse elects to take against the will, is real property located in another state included in the computation? (ref. sections 2102(1), 2202(2)(b) and 3706(1)) 0464

If an intestate beneficiary wishes to disclaim his 1/3 interest in the estate, can he direct his 1/3 share be distributed to his children instead of his siblings? (ref. sections 2907 and 2103) 0409

If a child's paternity is determined subsequent to a will that omits the child, what rights does that child have to property in the probate estate? (ref. sections 2302, 2114, 2402, 2403 and 2404) 0407

Nephew was adopted by a stepfather.  His biological father died in 1985.  A great-uncle through such father died in November 2000 leaving his estate to heirs.  Is nephew an heir? (ref. sections 8101(2)(d) and 2114) 0404

In a trust payable to "issue" without specifying the manner of distribution among issue, how should the assets be distributed? (ref. sections 2717, 2101(1), 2103(a) and 2106) 0403

May the children of a father whose rights were terminated and who were adopted by a step parent inherit from their paternal grandmother? (ref. section 2114) 0401

May a child inherit from a grandparent of a biological parent whose rights were terminated in a stepparent adoption? (ref. section 2114) 0367

Does an intestate estate pass to the descendants of the deceased's predeceased spouse if the deceased has no descendants of her own? (ref. section 2103) 0337

What is meant by "right of representation" and how may it be avoided? (ref. sections 2106 and 2709) 0336

May great nieces and nephews take by right of representation and, if so, how are their shares calculated? (ref. sections 2103 and 2106) 0335

Are the descendants of deceased nieces and nephews deemed to be "heirs" for purposes of noticing up interested persons at the commencement of a decedent's estate? (ref. sections 1104(m) and 2103(3); MCR 5.125(C)(1)) 0322

Who must receive notice for informal appointment to handle a wrongful death claim? (ref. section 2103 and 3924; MCR 5.125(C)) 0312

How are the intestate shares of first cousins and their descendants determined? (ref. sections 2103(d) and 2106(2)) 0234

Is the child of a deceased cousin an interested person in an estate where cousins are heirs? (ref. sections 8101, 2103 and 2106) 0222

When a spouse elects to take against the will, how is the spouse's share calculated? (ref. sections 2202, 2102, 2402, 2403, 2404) 0207

May a child adopted by a step parent still inherit from a biological parent who dies after April 1, 2000?  What proof is necessary to show the biological relationship? (ref. sections 2114 and 8101) 0161

May a child who was adopted in a stepparent adoption inherit from both her biological father and adoptive father? (ref. sections 2114 and 8101) 0122

May a surviving spouse's estate make an election?  Can adopted children take from both adoptive parents and biological parents?  Are these rights substantive or procedural? (ref. sections 8101, 2202, 2114) 0098

Are grandchildren\devisees listed on the Supplemental Testimony form or are they heirs that must be listed on the Testimony Interested Persons form? (ref. section 2103) 0092

How should the term "issue" in a trust document sign prior to April 1, 2000 now be interpreted when a child has been adopted? (ref. sections 8101(e), 1103(k), 2114) 0087

How does a stepparent adoption affect inheritance rights after April 1, 2000? (ref. sections 2114, 8101) 0054

How should "heirs" be interpreted in determining interested persons? (ref. sections 1103, 2103) 0042

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Last Updated:  11-20-09

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