EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

----------------

When a blind individual has their signature place on a will at their direction, who may witness the will? (ref. sections 2502, 2503 and 2504) 0661

May a trustee enter the a safe deposit box after the death of owner? (ref. sections 1104(e) and 2517(2)) 0620

May a testator sign a will with his or her mark? (ref. section 2502(1)(b)) 0608

Once an estate is formally closed, may an interested person offer an instrument intended by decedent to be a will for probate? (ref. sections 2503 and 3952) 0552

Does an unprobated pour over will effect a transfer of real estate to a living trust by operation of law pursuant to MCL 700.2511(b)(2)? (ref. sections 2511, 3101, 3102 and 3708) 0531

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

May an unsigned draft of a will obtain from an attorney be admitted to probate? (ref. sections 2502 and 2503) 0521

What is the effect of an interested person witnessing a will? (ref. sections 2502 and 2505) 0496

Is there a presumption that a will is revoked if the original cannot be found?  What and where is the burden of proof? (ref. sections 3402(c), 2507 and 2508) 0484

Is informal probate available to admit a will and 2nd codicil when the original 1st codicil is missing? (ref. sections 3311, 3402, 1108(b), 2502, 2503) 0421

When a resident moves to another state shortly before dead, where should the will created in Michigan be filed?  How does the trustee for such decedent handle notice to creditors of a trust created in Michigan? (ref. sections 2516, 7504, 7202 and 7101) 0387

How may I best probate assets which may be in a safe deposit box when they may be the only estate assets? (ref. sections 2517, 3982, 3983 and 3988) 0374

Should a trust created by a will be supervised? (ref. sections 2511 and 7201; MCR 5.502) 0368

Are there any guidelines regarding a protected person executing a will? (ref. section 2501) 0344

May an audio cassette be used as a will or as evidence to construe a will? (ref. section 2503) 0343

What law would apply to the validity of handwritten list as an amendment to a trust when decedent died in 1999? (ref. sections 8101(2) and 2503) 0276

If an attorney stamps the settlor's/testator's signature on a document and the document is properly witnessed and notarized is the document valid? (ref. sections 2502, 2503, and 2504) 0256

I have a will with the self-proving affidavit, but which is notarized by one of the two witnesses.  Does this have to be rewritten? (ref. sections 2504 and 2502) 0231

If a writing intended as a will can be admitted, why retain provisions for a holographic will? (ref. sections 2502, 2503 and 2507) 0218

How must a will be worded and witnessed to be a self-proved will? (ref. section 2504) 02000

Is a will contest involving a holographic will handled differently under EPIC? (ref. section 2503) 0199

Does the new probate code limit the ability to create a testamentary trust? (ref. sections 2511 and 2602) 0103

Must testator and witnesses sign will twice to be a valid self-proving will?  (ref. section 2504) 0100

Must you use a notary to have a self-proved will? (ref. section 2504(5)) 0082

Does a guardian of a minor nominated by "separate writing" take precedent over a nomination contained in a will? (ref. sections 5202, 2502, 2503) 0069

What would qualify as an official seal? (ref. section 2504) 0053

What is the value of a self proving will? (ref. sections 3406, 2504) 0037

What "official seal" is necessary for a self proved will? (ref. section 2504) 0033

Can an individual who knows of a will but does not want it probated be appointed informally?  What procedure needs to be followed?  Are devisees named in such will interested? (ref. 3301, 3303, 3308, 3311, 2516) 0021

May an existing will filed with the court be made a self-proved will by filing an affidavit with that will?   How would this be accomplished? (ref. section 2515) 0006

EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

Last Updated:  12-3-09

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