EPIC Questions and Answers - Menu

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When may we use the nonjudicial settlement provisions of the Michigan Trust Code? (ref. sections 7207 and 7111) 0663

May a trust be terminated with the consent of all beneficiaries without court approval? (ref. section 7207) 0653

May a probate court remove a trustee in light of MCL 555.26? (ref. sections 1302(b), 7201(1) and MCL 555.26) 0621

Does Michigan have jurisdiction to appoint a trustee when there is no serving trustee, the last trustee was a Florida resident, all trust records are located in Florida, the trust is funded by Michigan property and all interested parties agree? (ref. sections 7202 and 7203) 0617

Is there a way for revoking an irrevocable trust under Michigan law other than through the Court? (ref. section 7207; MCL 555.23) 0614

How may a trust be amended? (ref. section 7206) 0612

In a trust that provides it is governed by the law of another state, must it comply with Michigan law in terms of providing notice to trust beneficiaries? (ref. sections 7101, 7202 and 7303) 0611

If a trust beneficiary alleges to a trustee that the settlors amended the instrument to provide for a different trustee upon their death but refuses to proffer this information to the trustee, what action should be taken? (ref. sections 1302(b) and 7206) 0599

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

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

Is a trust invalid if improperly notarized?  What rights does a co-trustee have to remove another co-trustee? (ref. sections 1302(b) and 7201) 0511

When a living trust is not completely funded, what procedure may be used to get the assets of a deceased settlor intended for the trust into the trust? (ref. section 7201; MCR 5.125(B)(3)) 0482

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

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

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

On petition of the trustee of an irrevocable trust, accompanied by written consent of all beneficiaries, may the probate court extend the term of a trust beyond the date of termination specified in the trust agreement? (ref. sections 1302(b) and 7202) 0373

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

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

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

May the court terminate a trust when there is not consent of all beneficiaries?  May a court create a trust for a minor that extends beyond minority? (ref. sections 1302(b) and 7207; MCL 555.23) 0357

Can the provisions of MCL 700.7207 (Approval of agreements adjusting beneficial interest) be utilized by a sole beneficiary of a trust? (ref. sections 7207 and 7206) 0333

When does the cause of action arise to challenge a trust?  Is it date of discovery by potential claimants or date of death of settlor? (ref. section 7201; MCL 600.5813) 0323

Does a trustee have a right to invoke the court's jurisdiction to hear and settle an account whether there is or is not an actual conflict to address? (ref. sections 7307, 7201(2), 1105(c) and 1302(b)(iii); MCR 5.125(C)(6)) 0318

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

What is the statute of limitations for contesting a trust?  Is such a contest considered  a "claim against the estate"? (ref. sections 7201,7506 and 3803) 0305

How would a handwritten list purporting to change a trust be treated? (ref. sections 7201 and 1302) 0279

May a trustee file a petition asking the court to determine which of the trust's competing amendments is valid? (ref.  sections 7201(2) and 1105(c); MCR 5.125(D)) 0264

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

When is a charitable beneficiary an interested person in a proceeding seeking approval of an agreement to modify the trust agreement? (ref. sections 1302(b) and 7207) 0232

Can a Canadian citizen be appointed as a trustee, patient advocate or attorney in fact? (ref. sections 7201, 5506 and 5501) 0210

What is the procedure for appointing a successor corporate trustee of a testamentary trust? (ref. section 7206) 0204

Must a contest or question of construstion or interpretation exist before beneficiaries can petition the court to approve an agreement of beneficiaries adjusting beneficial interests? (ref. section 7207) 0190

Can beneficiaries change the terms of an irrevocable trust by agreement?  Is the trustee an interested person in such a proceeding? (ref. section 7207) 0188

Should a trust be registered in the county where trust records are kept or in the county where the primary trust officer is located? (ref. sections 7101, 7201 and 7202) 0174

May papers concerning a trust be filed with the court when there is no open trust file? (ref. section 7201(2)) 0170

When a petition is filed asking for relief concerning a trust, must the petition ask for limited court supervision? (ref. section 7201) 0148

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

How may pending testamentary trusts become unsupervised? (ref. section 7201(2), MCR 5.501(F)) 0056

Should a court issue letters of trusteeship when a successor trustee is appointed? (ref. MCR 5.501(E)) 0032

How will the court treat existing testamentary trusts after April 1, 2000? (ref. MCR 5.501(F)) 0012

EPIC Questions and Answers - Menu

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Last Updated:  2-17-10

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