EPIC Questions and Answers - Menu

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

Should notice regarding a trust proceeding be given to beneficiaries who have already received their designated distributions in full? (ref. sections 1105(d) and 7303; MCR 5.125(B)(2)) 0628

May a co attorney in fact petition for an accounting from the other attorney in fact and what information should be available to an attorney in fact concerning the principal's financial situation including estate planning? (ref. sections 5503(1) and 7303) 0622

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

May a trust's registration be canceled? (ref. sections 7305 and 7102(2)) 0604

Must the trustee of a revocable trust notify beneficiaries of the trust when the settlor becomes incapacitated? (ref. section 7303) 0591

What must be provided when relevant information about trust property is requested?  Must individual other than interested trust beneficiaries be notified of the trust's existence? (ref. sections 7303(3) and 1105(d)) 0587

May a provision in a trust agreement shorten the one year limitation to object to an accounting? (ref. section 7307) 0541

Must a trustee account to all interested trust beneficiaries if the trust provides otherwise? (ref. sections 7303 and 1105(d) 0500

In a joint revocable trust, must notice of the trust be given upon the death of one settlor?  Must there be publication for creditors? (ref. sections 7303 and 7501) 0472

Is a trustee required, after the death of the grantor, to give an interested trust beneficiary a copy of the trust and its amendments? (ref. section 7303 and 1105(d)) 0456

May a trust agreement eliminate the requirement of the trustee giving notice of the trust's existence to residuary beneficiaries? (ref. section 7303) 0453

If an incapacitated settlor has a patient advocate, must the trustee keep each trust beneficiary reasonably informed of trust administration? (ref. section 7303(2)) 0452

If there is no provision in the trust agreement to relieve a successor trustee from liability for the acts of a prior trustee is the successor trustee under a duty to investigate the prior trustee's actions? (ref. section 7308) 0430

Must a trustee provide copies of the trust to all heirs? (ref. section 7303(3)) 0422

What is the applicable statute of limitations when a trustee submits an annual accounting that does not meet the requirements of EPIC? (ref. section 7307) 0380

Is a testamentary trust treated the same as a living trust? (ref. sections 7303(3), 1105(d) and 7504; MCR 5.501(B) and 5.503(A)) 0330

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 is the effect of a judicial approval of accounts? (ref. sections 7303 and 7307) 0302

May current trust beneficiaries waive the requirement of any required accountings prior to terminating the irrevocable trust? (ref. section 7303) 0233

When is publication required concerning a trust? (ref. sections 7303(3) and 7504) 0228

Are the beneficiaries of a living trust entitled to obtain copies of said trust from the trustee? (ref. section 7303) 0227

May a foreign corporate trustee not authorized to do business in Michigan be appointed as a successor trustee? (ref. sections 7105 and 7305) 0224

How has the termination of a trust and the winding up of a trust changed?  Are there new forms? (ref. sections 7303, 7307, and 7501) 0156

Must an account filed by a personal representative meet the same requirements as an account filed by a trustee? (ref. sections 3703(4) and 7307(3); MCR 5.310(C)) 0152

What should a trustee do when a sister who was omitted from the trust threatens legal action challenging the trust? (ref. section 7303(3) and 1105(d)) 0150

Does MCL 700.7307(3) require accounts to differentiate between principal and income? (ref. section 7307(3)) 0139

When a successor trustee is appointed, who must be notified? (ref. section 7303(3)) 0095

Who must receive notice of a trust's existence?  (ref. sections 7303, 1103, 1105) 0083

How do court supervised trusts become unsupervised after April 1, 2000?  How are accounting handled once they become unsupervised? (ref. MCR 5.501(f)) 0050

What are the requirements for trust accounting? (ref. section 7307) 0044

Are charities, who receive a remainder interest under a trust, interested trust beneficiaries who are entitled to notice? (ref. section 7303) 0016

EPIC Questions and Answers - Menu

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Last Updated:  2-20-09

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