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May assets in a transfer on death (TOD) account be used to satisfy administrative expenses, allowance, and claims? (ref. sections 6309, 7502(1) and 3805(3)) 0665

Revocable trust is beneficiary of a life insurance policy.  Trust specifically provides the life insurance policy proceeds to be distributed equally to four named individuals.  There are other assets in the trust sufficient to pay expenses and claims.  Since the insurance proceeds would not have been subject to creditors' claims or administrative expenses had the beneficiary designation been the four individuals, are the life insurance proceeds excluded from the payment of such expenses? (ref. sections 7501(4)) 0657

When must a trustee pay an allowed claim?  May claimant compel payment? (ref. sections 7507 and 7508) 0656

When real estate is to be distributed to a charity and remaining assets distributed to individuals, how should the rent received from the real estate before distribution be treated? (ref. sections 7501 and 7502(2); MCL 555.601) 0654

Does the priority of claims provision for insolvent estates have any effect on the payment of claims by one with power of attorney during the life of the principal? (ref. sections 3805, 7501 and 5429) 0650

When trust assets are insufficient to satisfy all trust obligations, what abatement rules apply? (ref. sections 7502 and 7503) 0648

When there is no personal representative, what form should be used to publish notice to creditors of a revocable trust? (ref. section 7504; MCR 5.113(A)(1)(c)) 0639

Are trust assets subject to settlor's creditors when settlor can not revoke the trust but has the power to withdraw all assets? (ref. section 7501) 0634

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

In a joint trust where the marital home is the only asset and the first deceased settlor's estate is insufficient to pay all claims, does the personal representative have the obligation to collect the deficiency from the trust and does the trust have the obligation to sell the marital home to pay the deficiency? (ref. sections 3805(3) and 7501) 0610

Does the probate court have exclusive jurisdiction as to enforcing the satisfaction of the claim against the probate estate (and to the trust to the extent the probate estate is insufficient)? (ref. sections 1302, 1303, 3806, 3807(1) and 7507) 0606

How do beneficial shares abate in satisfying claims that are properly paid from trust property? (ref. sections 7501 and 7502) 0605

If a decedent exercises a power of appointment by directing assets to her revocable trust, are such assets a part of her probate estate and may her creditors reach them?  (ref. section 7501; MCL 556.123) 0589

Is filing the Notice to Creditors necessary when the decedent was an income/principal beneficiary of her husband's trust? (ref. sections 7504 and 7501; MCR 5.306(C)(1)) 0537

When is there an automatic notice of allowance for a claim against a trust?  May it be changed by a trustee? (ref. section 7507) 0515

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

May a surviving spouse open a probate administration for the sole purpose of collective allowances from the decedent's living trust? (ref. section 7502(1)) 0455

Must notice to creditors be given if deceased had a revocable living trust and a personal representative was appointed in a small estate proceeding? (ref. section 7504 and 3801) 0447

May a wrongful death claim be filed against an estate when notice of claims has been filed against decedent's trust and four months have elapsed since such publication? (ref. sections 7505(2), 7506(1)(a), 1103(g), 3801, and 7504; MCL 600.5852) 0420

How should a probate court handle a claim filed against a trust?  How should a claim against a trust be brought? (ref. section 7505; MCR 5.101) 0415

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

May an attorney for the fiduciary directly file a petition for payment of claim for services without first filing the claim? (ref. sections 3803 and 7506) 0378

In an insolvent estate with a revocable trust funded with life insurance, 401K and profit sharing monies, are these trust assets exempt from payment of estate claims? (ref. section 7501) 0377

Husband funds a living trust with all his property.  What rights does wife have against such a trust upon husband's death? (ref. sections 2202, 2402, 2403, 2404, 7501, 7502 and 7503) 0356

When may a surviving spouse take against a trust? (ref. section 7501(1)) 0334

Must a Michigan trustee give notice to creditors when settlor died a resident to Florida with Florida probate proceedings? (ref. section 7504) 0331

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

If trust provides settlor can not amend or revoke trust if not mentally competent, does such a provision defeat creditor rights against trust estate?  (ref. section 7501) 0314

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

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

Does an unsecured creditor have a lien on real estate held by a trust? (ref. section 7501) 0221

Must the proof of service of the notice to creditors required of a trustee of a revocable trust be served on all interested parties? (ref. section 7505; MCR 5.104(A)(1)) 0215

In a situation where one trust upon death of settlor distributes trust assets to another trust, would both trustees have a duty to publish notice to creditors where no personal representative appointed? (ref. sections 7501 and 7504) 0193

If a trustee of a revocable trust has published for claims upon settlor's death, must the personal representative of a subsequently opened estate again publish? (ref. sections 3801 and 7504; MCR 5.306(C)(4)) 0191

What is the procedure to contests a claim filed with the trustee after publication? (ref. sections 7504 to 7511; MCR 5.101) 0179

Must a Michigan trustee of a revocable trust for a non Michigan resident publish notice to creditors upon the death of the non-resident grantor? (ref. sections 7502 and 7506) 0165

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

How should a court handle the filing by a trustee of a proof of serviceor affidavit of publication showing that the trustee has sent notice to creditors? (ref. section 7504 and MCR 5.104) 0125

When must a trustee of a joint trust give notice to creditors? (ref. sections 7504 and 7501) 0111

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

Do life insurance, joint property, and other nonprobate assets become subject to creditor's claims where there is no probate or trust estate? (ref. sections 3805, 7502) 0091

Is there a time limit in which a trustee must publish notice to creditors? (ref. section 7504) 0076

Where does the notice to creditors by a trustee need to be published?  What if settlor died before April 1, 2000? (ref. sections 7504, 8101) 0075

When is a revocable trust responsible to pay homestead, family or exempt property allowances? (ref. sections 7501, 7502) 0052

Must the trustee of an inter vivos trust where the settlor has died prior to April 1, 2000 with no personal representative being appointed provide notice to creditors? (ref. sections 8101, 7504) 0043

Is there a difference in the priority of payment of administrative cost for an estate and a revocable trust? (ref. sections 2404, 3805, 7501, 7503) 0011

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Last Updated:  3-8-10

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