EPIC Questions and Answers - Menu

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May interest be charged on a homestead allowance? (ref. sections 2402 and 3907) 0652

What are the rights of one who feloniously kills a spouse in the spouse's estate and any jointly held property? (ref. sections 2803 and 3924; MCL 600.2922(1)) 0647

When must interest be paid on a pecuniary gift made in a will or trust? (ref. section 3904; MCL 555.601(c)) 0633

If a decedent resided in another state, does Michigan law of intestate succession control the distribution of property located in Michigan? (ref. sections 2102, 3919 and 4204) 0624

How must specific gifts abate in an insolvent trust estate? (ref. sections 3902 and 7503) 0619

May a probate court approve an agreement by decedent estate beneficiaries to alter shares to create and distribute a portion of their share to dynasty trusts? (ref. section 3914) 0592

All heirs, except for two whose whereabouts are unknown, wish A to receive estate's real estate.  How should the interest of the heirs who can not consent be handled? (ref. sections 3914 and 3908) 0586

How should the court handle a settlement/distribution petition regarding a wrongful death that occurred in a foreign state? (ref. section 3924) 0567

How should money paid to the county treasurer for a disappeared heir subsequently be handled? (ref. sections 3916 and 3917) 0561

When payments are to be made out of specified insurance proceeds and the estate is insolvent, how do devises abate when there are specific devises and general devises? (ref. section 3902) 0559

How may a receivable be distributed to beneficiaries? (ref. sections 3415, 3908, 3909 and 3952) 0550

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

How may beneficiaries be protected against being required to pay back an improper distribution? (ref. sections 7410 and 3911) 0524

Does an "in kind" distribution preference applies to trusts? (ref. section 3906) 0502

When a personal representative opposes the will under which he or she is nominated, does he or she retain priority to be appointed personal representative?   How are specific devises of real property abated and is it possible for a specific devisee to receive the property when there must be abatement?  (ref. sections 3203, 3204 and 3902) 0491

How should the trustee handle the situation of a missing trust beneficiary? (ref. sections 3916 and 3917) 0490

Does the estate have to be re-opened to proceed to collect money deposited with the county treasurer? (ref. section 3917(6)) 0469

How should an estate with no assets which was opened to pursue a wrongful death action be administered after judgment is obtained? (ref. sections 3924 and 3988; MCR 5.312) 0436

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

When a spouse takes against the will and the will provides that all estate taxes are to be paid from the residue, how are Federal estate taxes calculated? (ref. sections 2202(2)(b), 3920 and 3921) 0396

Is there a provision regarding interest on distributions to beneficiaries similar to the provision concerning interest on pecuniary devises? (ref. sections 3904, 7201 and 1302) 0390

Is a fiduciary fee based upon a percentage of the probate estate a reasonable method to compute compensation? (ref. sections 3719 and 3921) 0360

If the beneficiaries sign a formal agreement directing the personal representative to make a charitable contribution, does the estate get a charitable deduction? (ref. sections 3914 and 7207) 0359

Is there a definition of "residue" or "residuary estate" in Estates and Protected Individuals Code? (ref. sections 3901, 3902 and 3921) 0345

What procedure should be followed when beneficiaries of a trust agree to modify the distribution
of property to be received by an estate? (ref. sections 3914, 1302(b) and 7207) 0313

Who must receive notice for informal appointment to handle a wrongful death claim? (ref. section 2103 and 3924; MCR 5.125(C)) 0312

Does MCL 700.3908, "Proposed Distribution", apply only to the final distribution of an estate? (ref. section 3908) 0301

Must there be a publication for claims in an estate where the only asset is a wrongful death settlement? (ref. sections 3924 and 3987; MCR 5.306(C)) 0297

When does a missing heir's share escheat to the State? (ref. sections 3916 and 3917) 0278

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

How are taxes attributed to jointly held assets apportioned when a will provides for payment of all debts and obligations from "administration of my estate"? (ref. sections 3920 and 3921) 0261

What is required for beneficiaries of a decedent's estate to agree to alter the terms of a will or intestate share?  How does this differ for a trust situation? (ref. sections 3914 and 7204) 0253

If a will simply passes all assets of the estate into a trust, what needs to be inventoried?  How is a wrongful death action inventoried?  What is the inventory fee when the value is zero? (ref. sections 3706 and 3924(2)) 0208

Is there a conflict between the Uniform Estate Tax Apportionment Act and EPIC as to how taxes must be apportioned? (ref. section 3920) 0201

How can a distribution in kind be made to a minor heir?  Can an orderfor complete settlement be obtained when there is an outstanding escrow agreement concerning the real estate? (ref. sections 3952 and 3906; MCR 5.105(D)) 0164

Has the procedure changed for the approval of wrongful death settlements? (ref. section 3924) 0155

Does EPIC allow for beneficiaries to agree to alter shares to settle a dispute?  May beneficiaries agree to change the personal representative? (ref. sections 3914, 7207 and 3610) 0114

Is a person (or estate) who owns an unliquidated wrongful death claim against a decedent's estate a creditor of the decedent's Trust? (ref. sections 3924, 7502, and 3803) 0105

Can an ancillary estate in Michigan be administered separate from the primary estate?  Can claims be paid and distributions made directly to heirs? (ref. sections 4203, 4204, 3402, 3303 and 3914) 0104

If our old wills simply call for apportionment to be according to the Michigan Estate Tax Apportionment Act, will the new EPIC rules supercede and control the apportionment? (ref. section 3920) 0027

EPIC Questions and Answers - Menu

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Last Updated:  9-16-09

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