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

Is a pretermitted child allowed to take from a trust? (ref. section 2707(1)) 0560

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

Is a life estate created by a trust subject to antilapse provisions? (ref. section 2713) 0519

When do the antilapse provisions apply to a trust? (ref. sections 2714 and 8101(2)) 0518

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

Trustee of a testamentary trust is a Washington resident.  How may the trust be revised and jurisdiction transferred to Washington? (ref. sections 7201, 7202, 7101, and 2705; MCR 5.501) 0475

What is the effect and procedure for disclaiming an interest in a trust? (ref. sections 2907, 2709(d) and 7206) 0449

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

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

What is the effect on jurisdiction when a trust states that the governing law is that of another state? (ref. section 7101(1), 7102(2), 7104 and 2705) 0429

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

Is an individual retirement account (non Roth) considered to be a "governing instrument" under EPIC? (ref. sections 1107(m), 1104(j) and 2701) 0393

What language is necessary to avoid the antilapse provisions for a trust? (ref. section 2709) 0391

How may a trust be amended?  When does the antilapse statue applicable to trusts control?  Does a scrivener have a conflict if he acts as an advocate for a challenged document? (ref. 1104(j), 2701, 2714, 7201, 7402 and 7403) 0371

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

Does the language "or survivor of them" in a trust avoid the antilapse rules? (ref. sections 2709 and 8101) 0281

If trust provides for distribution to son-in-law with no provision for a substitute taker, will the gift lapse if he predeceases settlor? (ref. sections 2709 and 2714) 0242

When a joint owner feloniously causes the death of the other joint owner, but does not survive the other joint owner, will the 120 hour survival rule cause the felonious killer to take an interest in the property? (ref. sections 2702, 2803, 1105(f)) 0216

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

EPIC Questions and Answers - Menu

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Last Updated:  6-8-06

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