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How should ademption of a specific devise be treated when the property has been sold by testator or conservator for testator?  Who are the interested persons? (ref. section 2606) 0594

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

Who will receive disclaimed property when a will creates an alternate devise for disclaimant? (ref. sections 2907 and 2603(d)) 0573

When children are omitted by name in the testator's will, can they still take from the estate under the antilapse provisions? (ref. sections 2603 and 2302) 0517

Is the interpretation of words of survivorship in MCL 700.2603(1)(c) consistent with what was prior law? (section 2603(1)(c)) 0510

Is a notice of claim required to be given to a secured creditor?  (ref. sections 3801, 3803, 3805, 3809 and 2607; MCR 5.306) 0503

Do the nonademption rules apply to trust documents? (ref. section 2606) 0483

How do the anti lapse rules apply to a pecuniary devise to "my cousin Frank and his wife, in equal shares and all to the survivor" if both Frank and his wife predecease the testator? (ref. section 2603) 0465

Can a conservator sell stock which is the subject of a specific devise in the protected person's will?  What effect would such sale have on a specific devise? (ref. section 2606) 0462

A will devises equally to four cousins, brother H and nephew X.  If a cousin predecease, their share goes to H.  If H predeceases, his share goes to X.  A cousin and H predecease.  How do the antilapse provisions affect distribution? (ref. section 2603(1) and 2710) 0440

A will makes a devise to "her " nephews who are really her husband's.  May a child of one of the predeceased nephews take under antilapse provisions? (ref. section 2603) 0438

If a devisee survives the decedent but not distribution of the estate, what procedure should be followed by the personal representative in making distribution? (ref. sections 2604, 2702, 3614 and 3916) 0431

Under the antilapse provisions are nieces and nephews eligible beneficiaries?  Would such provisions apply to a 1960 joint will? (ref. section 2603) 0394

What language would be sufficient to remove a residuary devise from the anti lapse provisions? (ref. sections 2601(a) and 2603) 0351

How do the anti lapse provisions operate where there is a devise to a step child who predeceases leaving children?  (ref. section 2603) 0339

When real estate is specifically devised and subsequently was sold on land contract by the testator, does the devisee received only the balance of the land contract? (ref. section 2606) 0292

May a specific devisee of real estate receive the proceeds from a sale of that real estate taking place three months before decedent's death? (ref. sections 2606 and 3902) 0274

What language can be used to avoid antilapse provisions of the Code? (ref. sections 2603 and 2709) 0159

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

EPIC Questions and Answers - Menu

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Last Updated: 6-15-07

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