EPIC Questions and Answers - Menu
May interest be charged on a homestead allowance? (ref. sections 2402 and 3907) 0652
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
When and how must homestead allowance, exempt property and family allowance be requested? (ref. sections 2402, 2403, 2404 and 2405) 0593Top of Page
Regarding exempt property, is there a distinction between “exempt property” and “assets needed to make up a deficiency of exempt property” with regard to the issue of whether administrative costs, funeral expenses, and allowances have priority? (ref. sections 2404(2) and 3805) 0566
Does the homestead allowance takes precedence over the payment of secured creditors in a situation where the estate cannot satisfy all claims and allowances? (ref. sections 3805 and 2402) 0558
Who is a "dependent" for the purpose of family allowance? (ref. sections 2403 and 2405(3)) 0544
Is a petition for allowances equivalent to an election against the will? Is the no-contest clause in a trust not to take against a will enforceable? (ref. sections 2202, 2402, 2403, 2404, 2518 and 3905) 0527
Does the court need to give prior approval for allowances and exempt property? (ref. sections 2402, 2404 and 2405) 0526
What are the rights of a minor child to allowances when their is an unrelated surviving spouse? (ref. sections 2402, 2403, 2404, 2405(2) and 3805(1)) 0498
When a spouse is to receive her exempt property allowance is she required to take the property in kind or can she take the cash equivalent? (ref. sections 2404 and 2405) 0487
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
May an allowance for a minor or dependent child be defeated by a will provision? (ref. sections 2402, 2403 and 2205) 0474
Is a spouse under a premarital will which leaves everything to children of a prior marriage limited to spousal allowances from the estate? (ref. sections 2202, 2301, 2402, 2403 and 2404) 0463Top of Page
Is an elective share of surviving spouse reduced by allowances? To what may a surviving spouse be entitled when the will leaves everything to a trust which benefits the children of decedent? (ref. sections 2301, 2202, 2402, 2403 and 2404) 0460
A will leaves everything to wife and if she were to predecease him to his four living children. Wife dies and husband remarries but does not change will? May second wife take her intestate share since children were contingent beneficiaries? (ref. sections 2301, 2202, 2402, 2403 and 2404) 0437
Probate - What may constitute a family allowance and how may it be paid? (ref. sections 2403 and 2405) 0427
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
Are children of a decedent with no surviving spouse entitled to an exempt property allowance even if they are not mentioned or excluded in the will? Would they each receive the entire allowance or a portion? (ref. section 2404) 0405
May the estate of a deceased surviving spouse claim any unpaid family allowance? (ref. section 2403) 0372
Who needs to be served with the selection of homestead allowance and exempt property? (ref. sections 2402, 2404, and 2202; MCR 5.305(C) and 5.125(C)(5)) 0369
Husband funds a living trust with all his property. What rights does wife have against such a trust upon husband's death? (ref. sections 2202, 2402, 2403, 2404, 7501, 7502 and 7503) 0356
Can a surviving spouse take a family allowance if there are no minor children? (ref. section 2403) 0329
Do insurance proceeds paid to surviving spouse affect the amount of her allowances? Do they affect the share she receives if she elects against the will? (ref. sections 2402, 2404 and 2202) 0328Top of Page
If a surviving spouse does not affirmatively choose to take an allowance, may the estate be distributed without paying such allowances? (sections 2402 to 2405) 0306
Can a will provision negate the right to exempt property? (ref. section 2404) 0294
Does a surviving spouse have a right to live in the decedent's dwelling for one year? (ref. section 2403) 0291
Is there a requirement for notice to adult children regarding the homestead allowance, family allowance, or exempt property when there is no surviving spouse? (ref. sections 2402, 2403, 2404, and 3705; MCR 5.305(A)) 0238
If there is no surviving spouse, but there are surviving adult children, is the personal representative required to give notice to the adult children regarding their right to exempt property? (ref. section 2404) 0237
Do administrative expenses and reasonable funeral and burial expense have priority over allowances in a decedent estate? (ref. sections 3805, 2402, 2403, and 2404) 0235
When a spouse elects to take against the will, how is the spouse's share calculated? (ref. sections 2202, 2102, 2402, 2403, 2404) 0207
Can a surviving spouse, omitted from a premarital will, who takes against the will also receive homestead, family and exempt property allowances? (ref. sections 2301, 2202(2)(b), 2402, 2403, and 2404) 0171
May a decedent omit minor children from his will? Do they have any recourse? (ref. sections 2302, 2402, 2403 and 2404) 0168
Is there a difference in the priority of payment of administrative cost for an estate and a revocable trust? (ref. sections 2404, 3805, 7501, 7503) 0011Top of Page
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Last Updated: 9-16-09
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