EPIC Questions and Answers - Menu

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May a trust beneficiary disclaim a specific dollar amount before taking the rest of his share under the terms of an irrevocable trust? (ref. sections 2902(2), 2903 and 2904(2)(b)) 0658

When a disclaimant is deemed to have predeceased the decedent in a trust, would the disclaimant be deemed to have predeceased decedent for other purposes in the trust? (ref. section 2907) 0642

May trustee disclaim interest in a qualified plan where the required minimum distribution had been taken? (ref. sections 2902 and 2910) 0627

May all parties terminate a testamentary trust for surviving spouse and children?  May the surviving spouse disclaim her interest and what would be the effect? (ref. sections 7207, 2902 and 2907) 0582

Is it possible for the personal representative to disclaim IRA proceeds that are payable to the "estate"? (ref. section 2902(1)) 0514

Does a spendthrift provision in a trust necessarily or per se restrict the ability to disclaim an interest in the trust? (ref. sections 2902(2) and 2910) 0506

Do the takers of a disclaimed estate interest become interested persons in the estate proceeding?  How are they subsequently treated? (ref. sections 1105, 2904 and 2907) 0504

Can a parent disclaim a minor child's interest in a trust estate without being appointed the child's conservator? (ref. sections 2901, 2902 and 5401) 0477

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

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

When one joint tenant with right of survivorship dies and a survivor wants to disclaim, can he disclaim only the fractional survivorship interest acquired by the recent death? (ref. sections 2901, 2906(3) and 2908(b)) 0386

How would a disclaimer operate in an A-B marital trust situation? (ref. section 2907 and 2903) 0384

When a spouse disclaims her income interest in a trust but not the testamentary limited power of appointment, how does the disclaimed interest devolve under the trust? (ref. section 2907(4)) 0348

How is a trust which is the beneficiary of life insurance with beneficiaries of wife, wife's three children and two children of the marriage affected by a divorce? (ref. sections 2807, 1104(j), 2907 and 2806(e)) 0326

Can a personal representative disclaim a decedent's joint interest in real estate? (ref. sections 2901, 2902, 2908 and 2910) 0320

After a party has filed a valid disclaimer, can they withdraw it and again claim the property? (ref. sections 2903, 2904, 2906 and 2907) 0303

Can the Michigan beneficiary sign a dislaimer which binds a Wisconsin trust? (ref. section 2902) 0273

Is the execution of a disclaimer in an estate pending before April 1, 2000 a procedural or substantive matter? (ref. sections 2902 and 8101) 0117

EPIC Questions and Answers - Menu

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Last Updated:  11-18-09

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