All EPIC Questions and
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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
Is the definition of "heir" dependent upon the
size of a decedent's estate? (ref. sections 1104(n) and 3982; MCR
5.107(B)(2)) 0664
When may we use the nonjudicial settlement provisions
of the Michigan Trust Code? (ref. sections 7207 and 7111) 0663
If a will appoints co-personal representatives,
but one co-personal representative declines to serve (and the will is silent
as to continuing to act alone), may the remaining personal representative
be appointed informally? (ref. sections 1106(m), 3203, 3308(1)(f), 3309
and 3310) 0662
When a blind individual has their signature place
on a will at their direction, who may witness the will? (ref. sections
2502, 2503 and 2504) 0661
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May the biological next of kin of an adopted
individual inherit by intestate succession from the adopted individual?
(ref. section 2114(3); MCL 710.60(2)) 0660
Does the probate court have jurisdiction to hear
a dispute between a competent principal and former attorney-in-fact? (ref.
sections 1302(d), 1303(1)(j) and 5503(1)) 0659
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
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
May the probate court waive or release any elective
share or other spousal rights of a protected individual? (ref. sections
5407 and 2205) 0655
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
May a trust be terminated with the consent of
all beneficiaries without court approval? (ref. section 7207) 0653
May interest be charged on a homestead allowance?
(ref. sections 2402 and 3907) 0652
What is the standard for delegation by a fiduciary
of investment and management functions under Michigan Prudent Investor
Rule? (ref. section 1510) 0651
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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
Is the cost-of-living adjustment for homestead
allowance used for the year of the decedent's death or year of distribution?
(ref. section 1210) 0649
When trust assets are insufficient to satisfy
all trust obligations, what abatement rules apply? (ref. sections 7502
and 7503) 0648
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
May a personal representative appointed in another
country such as Canada qualify as a foreign personal representative for
the purpose of ancillary administration in Michigan? (ref. sections 4203,
1104(g) and 1106(n)) 0646
If the settlor of a revocable trust is incapacitated,
will the Michigan Trust Code require notice to those persons who would
be qualified trust beneficiaries even if the trust provides language to
the contrary? (ref. sections 7603, 7103(h) and 7814) 0645
Are documents created before April 1, 2000 controlled
by the Estates and Protected Individuals Code (EPIC)? (ref. section 8101(2))
0644
Does a foreign domiciliary personal representative
have priority to be appointed personal representative in Michigan? (ref.
sections 3204(4), 3203(1)(a) and 4205) 0643
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 an alleged legally incapacitated individual
designate orally who they want to be their guardian? Must the court
follow such designation? (ref. section 5313(2)) 0641
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If a personal representative hires a service
for the estate and the estate fails to pay the bill, can the personal representative
be held liable? (ref. section 3808) 0640
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
May the conservator of a parent create a trust
that distributes assets to a special needs trust for the parent's child?
(ref. section 5407(2)(c)) 0638
If personal notice to a known creditor was not
given within the 4 month publication period, is the statute of limitations
for bringing claims now three years, regardless of the fact that personal
notice was eventually provided? Should the estate be kept open for
3 years? What is the personal representative's liability? (ref. sections
3803 and 3805; MCR 5.306(C)) 0637
In determining the amount to which a surviving
spouse is entitled under a premarital will, does it matter that an adopted
child's adoption was not completed until after the execution of the will
when such child is the devisee? (ref. sections 2301(1) and 2202) 0636
How is a spouse's elective share calculated when
the net estate is far less than the intestate limits set forth in MCL 700.2102?
(ref. sections 2102 and 2202) 0635
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
When must interest be paid on a pecuniary gift
made in a will or trust? (ref. section 3904; MCL 555.601(c)) 0633
May a guardian consent to a do-not-resuscitate
order for a legally incapacitated individual? (ref. section 5314; MCL 333.1066(1))
0632
Where is proper venue for an adult guardianship?
(ref. section 5302) 0631
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How should a personal representative abandon
an interest in property? (ref. sections 3715(k), 3704 and 3415) 0630
May the personal representative evict an individual
from estate property where he is one of the heirs of the estate? (ref.
sections 3709 and 3715) 0629
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 trustee disclaim interest in a qualified
plan where the required minimum distribution had been taken? (ref. sections
2902 and 2910) 0627
Would default trustee voting rules apply to a
trust created prior to April 1, 2000? (ref. sections 7406 and 8101) 0626
Can the separate writing option be used to immediately
designate a guardian for minor children upon the death of the parents without
having to treat the document as a will? (ref. sections 5202 and 5214) 0625
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
What is a conservator required and empowered
to do with the protected person's property after their death? (ref. section
5426) 0623
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
May a probate court remove a trustee in light
of MCL 555.26? (ref. sections 1302(b), 7201(1) and MCL 555.26) 0621
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May a trustee enter the a safe deposit box after
the death of owner? (ref. sections 1104(e) and 2517(2)) 0620
How must specific gifts abate in an insolvent
trust estate? (ref. sections 3902 and 7503) 0619
How does EPIC treat the term "special bequest"
in a trust? (ref. section 1103(m)) 0618
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
May the county administrator may make funeral
decisions without being appointed special personal representative or special
fiduciary? (ref. section 3206) 0616
Can the agent under a general durable power of
attorney act for the incapacitated personal representative until the personal
representative’s death? (ref. sections 3715(v), 1510 and 5501) 0615
Is there a way for revoking an irrevocable trust
under Michigan law other than through the Court? (ref. section 7207; MCL
555.23) 0614
Is a child adopted by step father entitled to
an exempt property allowance from his or her biological father’s estate?
(ref. sections 2114, 2404 and 1103(f)) 0613
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
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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
May a personal representative open an estate
account in another state? (ref. section 3602; MCR 5.202(B)) 0609
May a testator sign a will with his or her mark?
(ref. section 2502(1)(b)) 0608
When is a trustee held liable for the decisions
made by other trustees? (ref. section 7406) 0607
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
May a trust's registration be canceled? (ref.
sections 7305 and 7102(2)) 0604
May the spouse of an interested person commence
probate proceedings? (ref. sections 1105(c) and 3401(1)) 0603
May an attorney in fact execute a renunciation
on behalf of a principal or nominate an individual to take the principal's
priority? (ref. section 3204) 0602
Absent a guardianship or conservatorship, does
probate court have jurisdiction to hear a dispute about activity under
a power of attorney initiated by a third party? (ref. sections 1302(d),
1303(d) and 1104(e); MCR 5.119 and 5.125(C)(31)) 0601
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May the wife's judgment creditor petition to
open the husband's estate so as to be able to serve a garnishment on the
estate for amounts owed the wife? (ref. sections 3105, 3401 and 1105(c))
0600
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
What should be done when an individual has been
initially determined to be an heir but subsequent investigation indicates
that the individual may not be an heir? (ref. section 2114) 0598
Is judgment creditor’s claim for income tax refund/credit
based on garnishment barred due to the fact that no Statement and Proof
of Claim was timely submitted to personal representative? (ref. sections
3804(1)(b), 3803(1)(a), 3806 and 3812) 0597
May a judgment creditor satisfy it's judgment
by requesting a writ of execution against the deceased or must an
estate first be commenced? (ref. section 1205) 0596
Who should be served when the interested party
resides in a foreign country that is not formally recognized by the United
States? (ref. section 1401) 0595
How should ademption of a specific devise be
treated when the property has been sold by testator or conservator for
testator? Who are the interested persons? (ref. section 2606) 0594
When and how must homestead allowance, exempt
property and family allowance be requested? (ref. sections 2402, 2403,
2404 and 2405) 0593
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
Must the trustee of a revocable trust notify
beneficiaries of the trust when the settlor becomes incapacitated? (ref.
section 7303) 0591
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Is there a way to name a guardian, conservator
or trustee for a minor child yet avoid court supervision? (ref. section
5202) 0590
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
For intestate succession and interested parties
for guardianship, what is the legal relationship between biological brothers
and sisters when both of their parents’ rights were terminated, but they
were not adopted? (ref. section 2114(3); MCR 5.125(C)(22)) 0588
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
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
Can a guardian who is not the conservator retain
an attorney to defend a petition to remove him? May he recover his
attorney fees from the estate? (ref. section 5314 ) 0585
If the sole interested person is a minor and
a parent files an appearance of custodial parent, must a guardian ad litem
be appointed for the minor before the court appoints a personal representative?
May a personal representative be appointed by the court without hearing?
(ref. section 3414; MCR 5.105(D)(4), 5.104(B)(3)(b) and (B)(4)) 0584
When administration has changed to supervised
administration, for what periods must an accounting be filed with the court?
(ref. sections 3505 and 3415; MCR 5.310) 0583
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
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What are the steps needed to establish a testamentary
trust in the probate court? ref. sections 3102; MCR 5.501(E)) 0580
Is possible for a creditor to charge interest
on their claim against an estate? (ref. section 3806) 0579
Can a conservator exercise the right to withdraw
money from a retirement plan? (ref. sections 5423 and 5427) 0578
Does the term "descendent" mean only direct descendants
or is it interpreted more broadly to include collateral descendants? (ref.
section 1103(l)) 0577
If payments are made by an insurance company
to a service provider for a protected individual, must the conservator
account for such payments? Is it a conflict of interest if the conservator
is the service provider receiving the payments? (ref. sections 5423(2)(u)(aa)
and 1214) 0576
Does the closing of the domiciliary state estate
automatically terminate the powers of a local personal representative under
MCL 700.4203(2)? (ref. section 4203(2)) 0575
When the sole beneficiary of an estate is a revocable
trust, how should the affidavit procedure be utilized and how should the
form be completed? (ref. section 3983) 0574
Who will receive disclaimed property when a will
creates an alternate devise for disclaimant? (ref. sections 2907 and 2603(d))
0573
How should will language disinheriting individuals
be applied? (ref. section 2101) 0572
If there is a premarital agreement, must surviving
spouse be served with a notice of right of election? Should the premarital
agreement be filed with the court? (ref. section 2205; MCR 5.305) 0571
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Is an individual in gestation at a particular
time is treated as living at that time? (ref. section 2108) 0570
What needs to be included in service by publication
for commencing probate administration? (ref. section 3705; MCR 5.105(A)(3),
5.106(B) and 5.107) 0569
Must you publish for claims in a local administration
of a foreign decedent's estate? (ref. sections 4205(b) and 3801) 0568
How should the court handle a settlement/distribution
petition regarding a wrongful death that occurred in a foreign state? (ref.
section 3924) 0567
Regarding exempt property, is there a distinction
between “exempt property” and “assets needed to make up a deficiency of
exempt property” with regard to the issue of whether administrative costs,
funeral expenses, and allowances have priority? (ref. sections 2404(2)
and 3805) 0566
May a conservator exercise a power given a protected
person to appoint a successor trustee? (ref. section 5423) 0565
May a special personal representative close an
estate by sworn statement? (ref. sections 1106(n), 3954 and 3988) 0564
May a will excluding a spouse from taking an
intestate share affect what the spouse may take if there is an election
against the will? (ref. sections 2101(2) and 2202(2)) 0563
How may you notice interested persons who are
in the military? (ref. section 1401; MCR 5.106(B)) 0562
How should money paid to the county treasurer
for a disappeared heir subsequently be handled? (ref. sections 3916 and
3917) 0561
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Is a pretermitted child allowed to take from
a trust? (ref. section 2707(1)) 0560
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
Does the homestead allowance takes precedence
over the payment of secured creditors in a situation where the estate cannot
satisfy all claims and allowances? (ref. sections 3805 and 2402)
0558
What powers does a personal representative and
trustee have to administer an estate where the decedent was the sole shareholder
of a closely held corporation? (ref. sections 3715(p), 3715(l), 3715(r)
and 7401(q)) 0557
How and where should an estate be administered
when there has been a previous small estate assignment? (ref. sections
1302, 3959 and 3982; MCR 5.312) 0556
If a creditor was not served with actual notice
at the time of publication for claims, is there any benefit to subsequently
serving the creditor with actual notice? (ref. sections 3801 and 3803)
0555
When a spouse does not survive by 120 hours,
how must the jointly held property be distributed? (ref. sections
2701, 2702, 1104(j) and 2104) 0554
Does a widow's dower right cloud title so that
the personal representative cannot sell estate real property without her
consent? (ref. MCL 558.1; MCL 700.2202) 0553
Once an estate is formally closed, may an interested
person offer an instrument intended by decedent to be a will for probate?
(ref. sections 2503 and 3952) 0552
May a personal representative pay himself or
herself with out prior court approval? Who determines what is a reasonable
fee when a fiduciary hires a professional? (ref. sections 3719(1), 3715(v),
3721, and 5423(y)) 0551
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How may a receivable be distributed to beneficiaries?
(ref. sections 3415, 3908, 3909 and 3952) 0550
May a creditor serve as personal representative?
(ref. section 3204(3)) 0549
Does the probate court have jurisdiction to determine
who should receive payments from a decedent’s annuity contract where the
beneficiary was a trust which was subsequently terminated and no alternative
beneficiary was designated? (ref. sections 1302, 1303 and 1104) 0548
What action is required of the personal representative
when a defendant in a wrongful death action brought by the personal representative
files a contingent claim for possible sanctions against the estate? (ref.
sections 1103(g), 3801, 3803, 3804, 3806 and 3810) 0547
Will a personal representative's failure to serve
a copy of the decedent estate's inventory on a creditor extend the time
period for the creditor to file a civil action? (ref. sections 3804(2),
3806, 3706(2) and 1103(p)) 0546
For purposes of the antilapse statute, does an
"expressly designated devisee" have to be mentioned in the will by name?
(ref. section 2603) 0545
Who is a "dependent" for the purpose of family
allowance? (ref. sections 2403 and 2405(3)) 0544
May a receipt for a pre-paid funeral be used
to reduce the value of an estate so as to qualify for small estate treatment?
(ref. section 3982) 0543
How should a claim for State income taxes be
handled in an insolvent estate? (ref. section 3805(1) and MCL 206.451(2))
0542
May a provision in a trust agreement shorten
the one year limitation to object to an accounting? (ref. section 7307)
0541
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Are co-trustees required to act by majority
agreement or can a single trustee act individually? (ref. section 7406)
0540
When a spouse elects to take against the will,
how should a devise to a trust benefiting the spouse be treated in determining
the spouse's share of the estate? (ref. section 2202) 0539
When does the statute of limitations for claims
expire for a decedent who disappeared? (ref. section 1208(2); MCR 5.306(C)(3))
0538
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
How may a marriage of an individual who was under
guardianship be dissolved? (ref. MCL 552.1 and 552.35) 0536
Who are interested persons when only cousins
survived? Must notice be given if interested persons may be deceased?
(ref. sections 1104(m) and 2103) 0535
May a guardian give consent for organ donation?
(ref. MCL 333.10101) 0534
Would an estate closed by an Order for Complete
Estate Settlement need to be reopened to execute a deed conveying real
estate? (ref. section 3959) 0533
Is a conservator allowed to make gifts to the
heirs of a protected individual? (ref. section 5426(1)) 0532
Does an unprobated pour over will effect a transfer
of real estate to a living trust by operation of law pursuant to MCL 700.2511(b)(2)?
(ref. sections 2511, 3101, 3102 and 3708) 0531
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For purposes of MCL 700.3983 does a funeral
bill paid by a family member constitute a lien or encumbrance? (ref. sections
3983, 3982 and 1103(g)) 0530
Does the statute of limitations for a pourover
will also apply to the trust to which it pours over? (ref. section 3412)
0529
May an attorney deposit estate proceeds in an
IOLTA client trust account? (ref. sections 1502 and 1503) 0528
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
Does the court need to give prior approval for
allowances and exempt property? (ref. sections 2402, 2404 and 2405) 0526
How is a joint debt of the decedent and a third
party treated? (ref. sections 3801, 3803 and 3809) 0525
How may beneficiaries be protected against being
required to pay back an improper distribution? (ref. sections 7410 and
3911) 0524
If a trust document is silent, can a loan be
made to a beneficiary as long as collateral is assigned and all beneficiaries
and remaindermen sign approval? (ref. section 7401) 0523
What is the proper procedure when there is informal
probate and then a newer will is discovered? (ref. sections 3303(2) and
3401(1)(b)) 0522
May an unsigned draft of a will obtain from an
attorney be admitted to probate? (ref. sections 2502 and 2503) 0521
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Should a personal representative give
a mortgagee actual notice of claims? (ref. sections 3810 and 3956) 0520
Is a life estate created by a trust subject
to antilapse provisions? (ref. section 2713) 0519
When do the antilapse provisions apply to a trust?
(ref. sections 2714 and 8101(2)) 0518
When children are omitted by name in the testator's
will, can they still take from the estate under the antilapse provisions?
(ref. sections 2603 and 2302) 0517
In the case of a claim which has been disallowed,
may a court extent the deadline for filing a complaint? (ref. sections
3806(1) and 3804(2)) 0516
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
Is it possible for the personal representative
to disclaim IRA proceeds that are payable to the "estate"? (ref. section
2902(1)) 0514
May a trustee invest in its own bank products,
including certificates of deposit, if the trustee considers it to be a
prudent investment under the Michigan Prudent Investor Rule? (ref. sections
7401(2)(f) and 1503) 0513
Are assets in trust including in determining
where an estate qualifies for treatment under MCL 700.3982 or 700.3983?
(ref. sections 1104(b), 3982 and 3983) 0512
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
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Is the interpretation of words of survivorship
in MCL 700.2603(1)(c) consistent with what was prior law? (ref. section
2603(1)(c)) 0510
In an insolvent estate how should claims be prioritized
concerning real estate with secured creditor? (ref. sections 3805 and 3809)
0509
Does listing a child born out-of-wedlock as an
heir on a petition for appointment of personal representative and determination
of testacy prejudice the personal representative’s position that the individual
is not a pretermitted heir? (ref. sections 2114 and 2302) 0508
How must a power of attorney be amended? (ref.
sections 5501 and 5506(4)) 05507
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
Can a probate estate be opened for the sole purpose
of obtaining medical records of the deceased? (ref. sections 1106(n), 3614,
3616 and 3617) 0505
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
Is a notice of claim required to be given to
a secured creditor? (ref. sections 3801, 3803, 3805, 3809 and 2607;
MCR 5.306) 0503
Does an "in kind" distribution preference applies
to trusts? (ref. section 3906) 0502
Are creditors required to send notices of claims
to both personal corepresentatives or to just one? (ref. section 3717;
MCR 5.306(D)) 0501
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Must a trustee account to all interested trust
beneficiaries if the trust provides otherwise? (ref. sections 7303 and
1105(d) 0500
May the guardian of the sole beneficiary of a
decedent estate receive an accounting for the ward when the accounting
was prepared by the guardian in his capacity of personal corepresentative
of the decedent estate? (ref. MCR 5.105(D) and 5.121(A)(1)) 0499
What are the rights of a minor child to allowances
when their is an unrelated surviving spouse? (ref. sections 2402, 2403,
2404, 2405(2) and 3805(1)) 0498
What obligation does the personal representative
owe to known creditors who have not submitted proof of claims? (ref. sections
3801 and 3806; MCR 5.306) 0497
What is the effect of an interested person witnessing
a will? (ref. sections 2502 and 2505) 0496
Does a nominated personal representative who
can not be located retain his or her priority? How must such individual
be handled in commencing probate? (ref. sections 3203(1)(a), 3308 and 3414;
MCR 5.125, 5.106 and 5.309) 0495
May a parent who has filed an appearance for
their minor child commence an estate on behalf of the minor without being
appointed conservator for the minor? (ref. MCR 5.302(D)) 0494
If a property of an estate has environmental
damage, how should the cost of cleanup be treated by the estate?
Can the estate abandon the property? (ref. sections 3805, 3722 and 3601)
0493
May an individual formally appointed as patient
advocate assign his or her authority to another? (ref. section 5509(1)(g))
0492
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
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How should the trustee handle the situation
of a missing trust beneficiary? (ref. sections 3916 and 3917) 0490
Can the proponents of a will prior to the last
will, who would not otherwise be an interested person and would not have
received notice, file a will contest after the appeal period on an order
for admission? (ref. section 3412) 0489
Does the "agent" under a durable power of attorney
executed prior to April 1, 2000 come under the provisions of the Estates
and Protected Individuals Code (EPIC)? (ref. sections 1104(e), 1214
and 8101(e)) 0488
When a spouse is to receive her exempt property
allowance is she required to take the property in kind or can she take
the cash equivalent? (ref. sections 2404 and 2405) 0487
Does a minor heir retain priority for appointment
as personal representative though unqualified to serve? Must a guardian
ad litem be appointed for the minor? May a minor's conservator who
is also an heir serve as personal representative? (ref. sections 3203 and
3204; MCR 5.121(A)(1)) 0486
May a quit claim deed be recorded when signed
by an attorney in fact for a trustee of a trust with a Texas notary indicating
that the deed was signed by the principal? (ref. section 7401(v)) 0485
Is there a presumption that a will is revoked
if the original cannot be found? What and where is the burden of
proof? (ref. sections 3402(c), 2507 and 2508) 0484
Do the nonademption rules apply to trust documents?
(ref. section 2606) 0483
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
May the probate court authorize a guardian to
initiate proceedings for divorce? Must a guardian obtain court authority
to file the complaint? (ref. section 5314) 0481
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Can a personal representative sell real
estate for the appraised value without more? (ref. sections 3715(y) and
3703(4)) 0480
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
Should the real estate located in another state
be included in the base for computing the surviving spouse's elective share
in the Michigan estate? (ref. sections 2101, 2202 and 3408) 0478
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
May a surviving spouse who dies during the administration
of the first spouse's estate make an election to take against the will?
Is the surviving spouse's estate entitled to homestead allowance and exempt
property? (ref. sections 2202(3), 2402, 2404 and 2104) 0476
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
May an allowance for a minor or dependent child
be defeated by a will provision? (ref. sections 2402, 2403 and 2205) 0474
Does an interested person have a right to the
documentation supporting an accounting in unsupervised administration?
(ref. sections 3954(1)(d) and 3415) 0473
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
What are the consequences to a purchaser who
buys real estate from a conservator who failed to first obtain court approval
of the sale? (ref. sections 5422(1) and 5423(3)) 0471
Top of Page
How may you start an estate when an
interested person is now deceased? (ref. section 3203(2); MCR 5.121 and
5.125(E)) 0470
Does the estate have to be re-opened to proceed
to collect money deposited with the county treasurer? (ref. section 3917(6))
0469
Must an action by a co-trustee to remove the
other co-trustee be deemed a civil action? (ref. section 1302(b)(i); MCR
5.101) 0468
When property derived by the spouse from the
decedent is used to lessen the elective share, how is joint property valued
for such calculations? (ref. section 2202) 0467
May a court appoint co-conservators when there
is no specific statutory authority? (ref. section 5401) 0466
How do the anti lapse rules apply to a pecuniary
devise to "my cousin Frank and his wife, in equal shares and all to the
survivor" if both Frank and his wife predecease the testator? (ref. section
2603) 0465
If a spouse elects to take against the will,
is real property located in another state included in the computation?
(ref. sections 2102(1), 2202(2)(b) and 3706(1)) 0464
Is a spouse under a premarital will which leaves
everything to children of a prior marriage limited to spousal allowances
from the estate? (ref. sections 2202, 2301, 2402, 2403 and 2404) 0463
Can a conservator sell stock which is the subject
of a specific devise in the protected person's will? What effect
would such sale have on a specific devise? (ref. section 2606) 0462
Can an insurance company petition the probate
court to determine an estate's interest in an annuity? (ref. sections 3308,
1105(c) and 3414) 0461
Top of Page
Is an elective share of surviving spouse
reduced by allowances? To what may a surviving spouse be entitled
when the will leaves everything to a trust which benefits the children
of decedent? (ref. sections 2301, 2202, 2402, 2403 and 2404) 0460
Is it possible to convey an interest in real
estate and reserve to the grantor a life estate and the unrestricted power
to convey the real estate during the grantor's lifetime? (ref. section
6101) 0459
How must a conservator with the powers of a personal
representative proceed with administration? (ref. section 5426(4)) 0458
May an attorney in fact under a durable power
of attorney terminate a trust? (ref. section 5501) 0457
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 surviving spouse open a probate administration
for the sole purpose of collective allowances from the decedent's living
trust? (ref. section 7502(1)) 0455
How must a conservator invest the ward's assets?
(ref. sections 1503 and 5423(2)) 0454
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
Does a conservator step into the role of trustee
when protected individual was trustee? (ref. section 5419) 0451
Top of Page
Does the probate court have jurisdiction
to determine decedent's capacity to have married? (ref. sections 1302 and
1303) 0450
What is the effect and procedure for disclaiming
an interest in a trust? (ref. sections 2907, 2709(d) and 7206) 0449
May a child receive their intestate share of
their father estate where they are omitted from the will on the mistaken
belief that the child was adopted by a stepfather? (ref. section 2302(3))
0448
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
Can an omitted child, born before the execution
of the will, take an intestate share? (ref. section 2302) 0446
Does the inter vivos trust constitute a non-testamentary
instrument which would allow the brokerage custodian to transfer the assets
directly to the trustee? (ref. sections 6301 and 3983) 0445
In a premarital will situation, how is the entitlement
of the spouse to an intestate share affected by a devise to a trust that
benefits natural children of the testator? (ref. sections 2201, 2202 and
2301) 0444
How does a foreign personal representative prove
his authority? (ref. section 4203) 0443
Is a creditor's claim time barred if a personal
representative fails to send notice to a known creditor of the estate who
paid the post death funeral expenses? (ref. sections 3801 and 3803) 0442
Does "property derived by the spouse of the decedent"
include future payments from pensions and other sources? If
so, must the payments be reduced to present value? (ref. section 2202)
0441
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A will devises equally to four cousins,
brother H and nephew X. If a cousin predecease, their share goes
to H. If H predeceases, his share goes to X. A cousin and H
predecease. How do the antilapse provisions affect distribution?
(ref. section 2603(1) and 2710) 0440
May a spouse precluded from taking under the
premarital will provision elect against the will? (ref. sections 2301 and
2202(2)(b)) 0439
A will makes a devise to "her " nephews who are
really her husband's. May a child of one of the predeceased nephews
take under antilapse provisions? (ref. section 2603) 0438
A will leaves everything to wife and if she were
to predecease him to his four living children. Wife dies and husband
remarries but does not change will? May second wife take her intestate
share since children were contingent beneficiaries? (ref. sections 2301,
2202, 2402, 2403 and 2404) 0437
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
At what point is a personal representative no
longer able to disallow a claim? (ref. section 3806) 0435
How may a legally incapacitated spouse may an
election against the estate of a deceased spouse? (ref. section 2202(5))
0434
Does a third party's claim for reimbursement
for payment of funeral expenses have the same priority as a claim for funeral
expenses paid directly by a decedent's estate? (ref. section 3805(1)) 0433
Can an individual cotrustee effectively delegate
all his or her authority to the corporate cotrustee if the trust is silent
on such a delegation? (ref. sections 7406(2) and 7401(v)) 0432
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
Top of Page
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
What is the effect on jurisdiction when a trust
states that the governing law is that of another state? (ref. section 7101(1),
7102(2), 7104 and 2705) 0429
Power of Attorney - Is an attorney-in-fact prohibited
from self dealing? (ref. sections 1214, 1303(1)(j) and 1103(a); MCR 5.125(C)(31))
0428
Probate - What may constitute a family allowance
and how may it be paid? (ref. sections 2403 and 2405) 0427
Decedent died in 1953 a resident of another state.
How can decedent's interest in Michigan real estate now be transferred?
(ref. sections 3982 and 4203; MCR 5.308(B)(2)) 0426
Does a driver who is at fault for the death of
a passenger forfeit rights to the passenger's estate? (ref. section 2803)
0425
What procedure should be used by a foreign personal
representative to purchase Michigan real estate from an estate? (ref. sections
4203, 4205 and 3713) 0424
If the nominated guardian is appointed and then
dies, does a secondary nomination made in the parent’s will control?
May the guardian nominate a successor? (ref. sections 5202, 5204 and 5212)
0423
Must a trustee provide copies of the trust to
all heirs? (ref. section 7303(3)) 0422
Is informal probate available to admit a will
and 2nd codicil when the original 1st codicil is missing? (ref. sections
3311, 3402, 1108(b), 2502, 2503) 0421
Top of Page
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
May an attorney in fact exercise their principal's
authority as a trustee when the power of attorney is silence as to such
authorization? (ref. section 7401(v)) 0419
May a guardian sign a settlement and release
agreement binding the legally incapacitated individual? (ref. sections
5314(d) and 5404) 0418
Is a personal representative required to prepare
an account when he or she is the only interested person? (ref. sections
3954 and 3703(4)) 0417
The Reporter's Commentary to MCL 700.3805(3)
refers to "assets subject to a general power of appointment." Must
this appointment come from a will? (ref. section 3805(3)) 0416
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
Who is a proper petitioner for an Order for Assignment?
(ref. sections 3982 and 1105(c)) 0414
If a personal representative fails to timely
file an inventory or other paper must the court suspend him or her? Must
a special fiduciary then be appointed? (ref. sections 3706, 3611, 3613,
3614 and 1308(1); MCR 5.203 and 5.307) 0413
May a personal representative carry out written
burial instructions? May a personal representative make burial arrangements
absent written instructions? (ref. section 3701) 0412
Is an incarcerated individual under a legal disability
which would require special service if they are an interested person in
a decedent's estate? (ref. section 5401; MCR 5.105(D)) 0411
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Assets are held in inter vivos trust.
How can the conservator of the trust beneficiary access the trust assets?
(ref. section 5407) 0410
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
May a person who has been appointed as a fiduciary
delegate his or her powers to a third party by the use of a power of attorney?
(ref. sections 3715(v), 3717, 7401(v) and 7406) 0408
If a child's paternity is determined subsequent
to a will that omits the child, what rights does that child have to property
in the probate estate? (ref. sections 2302, 2114, 2402, 2403 and 2404)
0407
How may I ensure that a step child be considered
as a "child" for the purposes of a trust? (ref. section 1103 (f) and (l))
0406
Are children of a decedent with no surviving
spouse entitled to an exempt property allowance even if they are not mentioned
or excluded in the will? Would they each receive the entire allowance
or a portion? (ref. section 2404) 0405
Nephew was adopted by a stepfather. His
biological father died in 1985. A great-uncle through such father
died in November 2000 leaving his estate to heirs. Is nephew an heir?
(ref. sections 8101(2)(d) and 2114) 0404
In a trust payable to "issue" without specifying
the manner of distribution among issue, how should the assets be distributed?
(ref. sections 2717, 2101(1), 2103(a) and 2106) 0403
May an Order of Assignment be used to transfer
Michigan assests of a decedent who was not a United States resident? (ref.
sections 3982 and 1301) 0402
May the children of a father whose rights were
terminated and who were adopted by a step parent inherit from their paternal
grandmother? (ref. section 2114) 0401
Top of Page
If a minor is to be awarded a settlement
in excess of $5000 but actually receives less than $5000, must there be
probate court involvement? (ref. section 5102; MCR 2.420) 0400
When using the affidavit procedure, what is the
proper procedure when additional assets are discovered after distribution
which exceed the limit for such procedure? (ref. sections 3983 and 3987)
0399
In a wrongful death case where the names of interested
persons are unknown, may an Application be filed? May it be filed
by the niece of a living brother? (ref. sections 3301, 1403 and MCL 600.2922)
0398
May a foreign personal representative who files
the required evidence of their foreign appointment with a court sell real
estate in Michigan? (ref. sections 4203(2) and 3715(f)) 0397
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
If a personal representative has been appointed,
what happens procedurally when there is a change in testacy status? (ref.
sections 1308(2), 1309(b), 3401, 3612 and 2202) 0395
Under the antilapse provisions are nieces and
nephews eligible beneficiaries? Would such provisions apply to a
1960 joint will? (ref. section 2603) 0394
Is an individual retirement account (non Roth)
considered to be a "governing instrument" under EPIC? (ref. sections 1107(m),
1104(j) and 2701) 0393
May personal corepresentatives each have there
own attorney? Must the estate pay for both attorneys? (ref. section
3715(w); MCR 5.117(A) 0392
What language is necessary to avoid the antilapse
provisions for a trust? (ref. section 2709) 0391
Top of Page
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
Surviving spouse believes a will may exist which
excludes her. She wishes to start the statute of limitations running
on admission of such alleged will and to perfect any rights she may have
against such will. What may she do? (ref. sections 3412 and 2202(2))
0389
May a parent appoint a guardian in her will for
her child where she was never married to the child's father and has sole
physical and legal custody of the child? (ref. section 5202(2)) 0388
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
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
Is there any benefit to putting a nomination
of a guardian of a minor in a living trust if there is always a will accompanying
the living trust? (ref. section 5202) 0385
How would a disclaimer operate in an A-B marital
trust situation? (ref. section 2907 and 2903) 0384
May a personal representative nominate an individual
to serve as guardian ad litem in a decedent estate? (ref. sections 5108
and 1403(d)) 0383
Can a register immediately appoint an interested
person special personal representative without notice to those with equal
priority? (ref. sections 3614(a), 3615 and 3307; MCR 5.202) 0382
How should a subsequent suit on a disallowed
claim be coordinated with the separately running probate case? (ref. sections
3806, 1302, 1303, 3951, 3954 and 3703) 0381
Top of Page
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
Can a personal representative seek to have attorney
fees reimbursed to the estate from a contestant where the contestant's
claim is frivolous? (ref. MCR 5.001, 2.114(F), 2.625(A)(2); MCL 600.2591(2))
0379
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
Does the minority of the only child negate her
priority to be appointed personal representative? Does a conservator
for a minor have any priority? (ref. section 3203 and 3204) 0376
Do letters of authority issued informally have
to be reissued when supervised administration is subsequently ordered?
(ref. section 3504) 0375
How may I best probate assets which may be in
a safe deposit box when they may be the only estate assets? (ref. sections
2517, 3982, 3983 and 3988) 0374
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
May the estate of a deceased surviving spouse
claim any unpaid family allowance? (ref. section 2403) 0372
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
Top of Page
May an attorney in fact under a power
of attorney open an estate for a principal's deceased spouse? Since
the principal has disappeared and the spouse has no heirs available, are
there other options? (ref. sections 3301, 3401 and 3204(1); MCR 5.114(A)(3))
0370
Who needs to be served with the selection of
homestead allowance and exempt property? (ref. sections 2402, 2404,
and 2202; MCR 5.305(C) and 5.125(C)(5)) 0369
Should a trust created by a will be supervised?
(ref. sections 2511 and 7201; MCR 5.502) 0368
May a child inherit from a grandparent of a biological
parent whose rights were terminated in a stepparent adoption? (ref. section
2114) 0367
Can a will provide that a minor receive up to
$5,000 each year through his parent or guardian and use it for whatever
the minor wishes? (ref. section 5102) 0366
In a contested case, does a sworn statement as
provided in MCL 700.3405(2) constitute prima facie proof of due execution
of a proposed will? (ref. sections 3405(2), 3406(2) and 3407(b)) 0365
If a claim is not presented within the 4 month
claims period, is the claim automatically barred or must the personal representative
still send a notice of disallowance of the claim? (ref. sections 3801 and
3803(1)(a)) 0364
Does a domiciliary foreign personal representative
have the same duties and/or procedural requirements as a local personal
representative? (ref. section 4203) 0363
When a father has not established paternity,
may a mother make a parental of appointment without regard to the requirements
for appointment of guardian of a minor pursuant to a petition? (ref. sections
5202 and 5204) 0362
Is a residuary devise to children of a prior
marriage valid when it is contingent upon a prior spouse not surviving
when that spouse is alive but divorced? What is the affect of this
situation upon the rights of a spouse under a premarital will? (ref. sections
2301(1) and 2807) 0361
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 a will was admitted under independent probate
but estate administration is continuing, may the will now be contested?
(ref. section 8101(2)(d)) 0358
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
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
Personal representative of intestate estate "A"
dies. A personal representative "S" of estate of the deceased personal
representative is appointed pursuant to will. Does "S" have any priority
to be appointed successor personal representative for estate "A"? (ref.
sections 3203, 3204 and 3613) 0355
How may an estate be closed that only requests
informal probate or formal testacy where there is no personal representative
to file closing documents? (ref. sections 3301, 3302, 3306 and 3401) 0354
May a conservator after the death of the ward
deliver the assets of the conservatorship to the personal representative
of the deceased ward's estate before the conservator has filed a final
account or been discharged? (ref. sections 5426 and 3701) 0353
May a summary proceeding to recover possession
of premises be brought in the probate court? (ref. section 1302(b); MCL
600.5704) 0352
What language would be sufficient to remove a
residuary devise from the anti lapse provisions? (ref. sections 2601(a)
and 2603) 0351
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When minor children are not properly
represented, can a guardian ad litem be appointed to sign a renunciation
or take the minor's priority for appointment of a personal representative?
What is the right procedure? (ref. section 1403(d); MCR 5.105(D)) 0350
A trust is payable upon settlor's death to a
foundation. Settlor directs the fund be allocated to two organization.
Must these organizations receive notice for a petition to reform the trust?
(ref. section 1105(d); MCR 5.125(D) and (E)) 0349
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
When the decedent has assets in another state
are those assets part of the inventory? Are inventory fees collected?
(ref. section 3707; MCL 600.871(1)) 0347
Can a conservator have attorney fees paid from
the conservatorship assets for an unsuccessful defense of the conservatorship?
(ref. section 5423(2)(z)) 0346
Is there a definition of "residue" or "residuary
estate" in Estates and Protected Individuals Code? (ref. sections 3901,
3902 and 3921) 0345
Are there any guidelines regarding a protected
person executing a will? (ref. section 2501) 0344
May an audio cassette be used as a will or as
evidence to construe a will? (ref. section 2503) 0343
May a special personal representative be appointed
immediately and start a wrongful death lawsuit? (ref. sections 1106(n),
3614, 3616 and 3617) 0342
Can a small estate proceeding be used to transfer
Florida bank accounts to a Michigan trust? (ref. sections 1301, 3982 and
3983) 0341
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Is the probate estate liable for payment
for a mortgage note secured by real property owned by the decedent and
a non spouse jointly with right of survivorship? What claims need
be filed? (ref. sections 3807, 3805 and 3809) 0340
How do the anti lapse provisions operate where
there is a devise to a step child who predeceases leaving children?
(ref. section 2603) 0339
If both parents become incapacitated, what would
be the best way to effectuate a parental appointment of a guardian for
a minor child? (ref. sections 5202, 5103 and 5503) 0338
Does an intestate estate pass to the descendants
of the deceased's predeceased spouse if the deceased has no descendants
of her own? (ref. section 2103) 0337
What is meant by "right of representation" and
how may it be avoided? (ref. sections 2106 and 2709) 0336
May great nieces and nephews take by right of
representation and, if so, how are their shares calculated? (ref. sections
2103 and 2106) 0335
When may a surviving spouse take against a trust?
(ref. section 7501(1)) 0334
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
Decedent dies with estate assets under $15,000,
has heirs and has pour over will and trust. Can the affidavit procedure
be used to turn assets over to the trustee? (ref. sections 3983 and 3102)
0332
Must a Michigan trustee give notice to creditors
when settlor died a resident to Florida with Florida probate proceedings?
(ref. section 7504) 0331
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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
Can a surviving spouse take a family allowance
if there are no minor children? (ref. section 2403) 0329
Do insurance proceeds paid to surviving spouse
affect the amount of her allowances? Do they affect the share she
receives if she elects against the will? (ref. sections 2402, 2404 and
2202) 0328
Does an estate need to be opened for a minor
to approve a settlement for the minor in excess of $5000? (ref. section
5423(2)(u); MCR 2.420) 0327
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
How are priority of claims determined? (ref.
section 3805 and 1103(g)) 0325
May an estate be reopened to correct a typographical
error? (ref. section 3959) 0324
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
Are the descendants of deceased nieces and nephews
deemed to be "heirs" for purposes of noticing up interested persons at
the commencement of a decedent's estate? (ref. sections 1104(m) and 2103(3);
MCR 5.125(C)(1)) 0322
When are interested persons bound by a conservator's
final account? (ref. sections 1205(3) and 5418) 0321
Top of Page
Can a personal representative disclaim
a decedent's joint interest in real estate? (ref. sections 2901, 2902,
2908 and 2910) 0320
Where no probate is required, is it necessary
to have the will admitted to probate in order for a testamentary trust
to be active and for the trustee to assume its duties under the trust?
(ref. section 3102; MCR 5.501(E)) 0319
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
Is there a duty to disclose an unprobated will
before assigning assets pursuant to MCL 700.3982? Can distributions pursuant
to summary administration be considered a fraudulent transfer when there
are known creditors? (ref. sections 3982 and 3983) 0317
When an Application is filed where a deceased
spouse would have had priority for appointment and there is no estate commenced
for that spouse, does notice need to be given to the deceased spouse's
estate? If so, how must it be given? (ref. sections 3310, 1103(o),
1104(b) and 1106(h)(m)) 0316
In establishing the value of assets for the affidavit
procedure, must date of death value be used or is it permissible to use
the value as of the time the affidavit is executed? (ref. section 3983)
0315
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 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 a conservator need to get court approval
to refinance a ward's real estate? (ref. section 5423; MCR 5.407) 0311
Top of Page
When, subsequent to appointment, a will
is discovered which may change testacy status, what responsibility does
the court or personal representative have to interested persons? (ref.
sections 3612, 3301(1)(d), 3414(2), 3402 and 1309(a)) 0310
May the personal representative settle a case
by accepting case evaluation or otherwise settle it without court approval?
(ref. section 3715; MCR 5.120) 0309
What must be obtained from the Federal and State
agencies concerning liability for estate taxes before an order of complete
estate settlement is issued? (ref. section 3952) 0308
What is the procedure when an instrument purporting
to be the last will and testament is filed after the appointment of a personal
representative by application? (ref. section 3612) 0307
If a surviving spouse does not affirmatively
choose to take an allowance, may the estate be distributed without paying
such allowances? (sections 2402 to 2405) 0306
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
What certification date should used for Letters
after a certificate of completion has been filed but before year has lapsed?
(ref. sections 3612 and 3954) 0304
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
What is the effect of a judicial approval of
accounts? (ref. sections 7303 and 7307) 0302
Does MCL 700.3908, "Proposed Distribution", apply
only to the final distribution of an estate? (ref. section 3908) 0301
Top of Page
Does 700.3601(3) allow a personal representative
to abandon contaminated property and therefore allow the balance of the
estate to pass free and clear of the contaminated property to the heirs
of the estate? (ref. sections 3601 and 3715(k)) 0300
After the filing of a sworn statement, does the
authority of the personal representative continue for one year if a Certificate
of Completion has been filed? (ref. sections 3610(1) and 3954(2)) 0299
How should a devise to a custodian under the
Uniform Transfers to Minors Act with delayed distribution to age 21 be
handled when the devisee is over 18 when the will was made or over 18 when
testator dies? (ref. section 3415; MCL 554.529) 0298
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 dealing with a non citizen decedent with
whereabouts of heirs unknown, what is the proper procedure for a creditor
to follow to appoint a personal representative? (ref. sections 1302, 3201,
3202 and 3403; MCR 5.105(3) and 5.302) 0296
When an application is filed for the sole purpose
of having a will admitted to probate what is the requirement for notice
and who receives notice? Should an order be entered closing
the matter? (ref. section 3306; MCR 5.125) 0295
Can a will provision negate the right to exempt
property? (ref. section 2404) 0294
Can I make a partial distribution without court
authority? (ref. sections 3704 and 3504) 0293
When real estate is specifically devised and
subsequently was sold on land contract by the testator, does the devisee
received only the balance of the land contract? (ref. section 2606) 0292
Does a surviving spouse have a right to live
in the decedent's dwelling for one year? (ref. section 2403) 0291
Top of Page
In the case of a parental appointment
by will, must the will be probated? How is this different for a parental
appointment by written instrument? (ref. section 5202; MCR 5.405(C)) 0290
Is a court required to cause a will devising
land to be recorded? (ref. general) 0289
Is real estate assigned by an order of complete
estate settlement? (ref. section 3952) 0288
Can a petitioner withdraw a petition for the
sale of real estate once an objection is filed? Can a personal representative
in supervised administration sell real estate by "closed bid"? (ref. sections
3501(3) and 3715(y); MCR 5.207) 0287
What procedure should be used to probate a will
to exercise a testamentary power of appointment? (sections 3301, 3306,
3401, and 3412(1); MCR 5.302(B)) 0286
May a bank account of a decedent be transferred
by affidavit? (ref. section 3983) 0285
Is it proper for the court to compare the guardian
with the petitioning parent under a motion by the parent to terminate the
guardianship? (ref. sections 5209 and 5101) 0284
How may regular administration be converted so
that the estate can be administered as a small estate? (ref. section 3982
and 3987) 0283
What rights does a creditor have to property
distributed by Affidavit? (ref. sections 3983, 3984(2) and 3982) 0282
Does the language "or survivor of them" in a
trust avoid the antilapse rules? (ref. sections 2709 and 8101) 0281
Top of Page
May all interested persons waive a personal
representative's accounting requirement? (ref. sections 3703(4), 3956 and
1402; MCR 5.104(B)(2)) 0280
How would a handwritten list purporting to change
a trust be treated? (ref. sections 7201 and 1302) 0279
When does a missing heir's share escheat to the
State? (ref. sections 3916 and 3917) 0278
May a petition for instructions ask whether or
not litigation should be pursued by the estate? (ref. section 3415) 0277
What law would apply to the validity of handwritten
list as an amendment to a trust when decedent died in 1999? (ref. sections
8101(2) and 2503) 0276
May the heirs of a decedent who feloniously killed
his spouse benefit from the killing? (ref. section 2803) 0275
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
Can the Michigan beneficiary sign a dislaimer
which binds a Wisconsin trust? (ref. section 2902) 0273
When is a claim properly presented to an estate
by a creditor? (ref. sections 3804(1) and 3807) 0272
What is the proper procedure for a personal representative
to submit his or her claim for a pre death claim ? (ref. sections 3804(3)
and 3806(2); MRC 5.307(C)) 0271
Top of Page
Does a widow's election to take against
the will of her husband also waive any claim she may have to take from
husband's trust, to be funded by the pour over will? (ref. section 2202)
0270
Does an order to supervise a trust and restricting
transfer of real estate from the trust make the trust irrevocable or prevent
the making of a revocation of trust, new will or deed concerning real estate?
(ref. sections 1302(b) and 1303(1)(a)) 0269
What are the time limitations for taking action
against a personal representative once an estate is closed? (ref. sections
3951, 3953, 3954 and 3956; MCR 2.612(C), 5.001(A), 5.801 and 7.204) 0268
Does a trust in existence before April 1, 2000,
acquire all the powers listed in the Estates and Protected Individuals
Code (EPIC)? (ref. sections 8101 and 7401) 0267
Do court rules allow a conservator to sell real
estate without court approval? (ref. section 5423(3); MCR 5.407(A)) 0266
How may a foreign conservator sell Michigan real
estate? (ref. sections 5423(3) and 5433) 0265
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
Can assets be discovered before an estate is
opened? (ref. sections 1205(1)(b) and 1302; MCR 5.101(C) and 5.131(B))
0263
When a claim has been filed with the court after
the claims date and then a sworn statement is filed, should the court take
any action to make sure the claim has been resolved? (ref. sections 3954(c)
and 3955; MCR 5.125(E)) 0262
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
Top of Page
Who are interested persons for a petition
to terminate a trust? (ref. section 1403; MCR 5.125) 0260
How can real estate subject to a land contract
be abandoned by a personal representative? (ref. section 3601) 0259
May a will be admitted to probate without appointing
a personal representative? What is the filing fee? (ref. sections
3301 and 3401) 0258
When an appointed personal representative fails
to post the bond required by court order, what should be filed to have
another personal representative appointed? (ref. section 3415) 0257
If an attorney stamps the settlor's/testator's
signature on a document and the document is properly witnessed and notarized
is the document valid? (ref. sections 2502, 2503, and 2504) 0256
What would be the proper procedure for a current
conservator to petition for the appointment of another to serve with him
as a co-conservator? (ref. section 5415) 0255
May a personal representative grant a qualified
conservation easement for less than full consideration? (ref. section 3715)
0254
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 a "disinterested" co-trustee resigns,
is such trustee under a duty to petition for a successor to be appointed?
(ref. section 7405) 0252
Can the son of a protected individual, who is
the appointed conservator, designate a successor conservator for that individual
by a written instrument such as a will? (ref. sections 5409 and 5301) 0251
Top of Page
How may a former spouse be appointed
personal representative of decedent's estate? (ref. sections 3203, 2801
and 2807) 0250
What action needs to be taken when a personal
representative dies or resigns and a successor personal representative
is appointed to discharge the duties of the original personal representative?
(ref. sections 3609, 3610(3), 3703(4) and 3953) 0249
When may an authenticated copy of a foreign will
be used to establish informal or formal testacy in Michigan? (ref. sections
3301(1)(b)(i) and 3402(1)(c)) 0248
Should a probate court provide a refund of an
inventory fee where an amend inventory is filed showing that the value
of real estate has deceased based upon the sale of that real estate? (ref.
section 3708) 0247
Is there an inventory fee charged when the estate
has no assets as happens in some wrongful death cases? (section 3706; MCL
600.871(1)) 0246
Once a will is admitted by formal proceedings,
do heirs who are not devisees remain interested persons? What result
if will admitted by informal proceedings? (ref. sections 3412 and 3302)
0245
Are the venue requirements for civil actions
in probate court to collect on account receivables governed by probate
court or circuit court rules? (ref. MCR 5.101(C)) 0244
Does the probate court have exclusive jurisdiction
over a suit against an estate concerning a contract? (ref. sections 1302
and 1303) 0243
If trust provides for distribution to son-in-law
with no provision for a substitute taker, will the gift lapse if he predeceases
settlor? (ref. sections 2709 and 2714) 0242
May a court order that a conservatorship be unsupervised
thereby eliminating any accounting requirements? (ref. section 5418; MCR
5.409(C)) 0241
Top of Page
When a spouse has waived her dower rights
to property, is that property still considered in
making a calculation as to what the spousal
share will be if the spouse takes against the will?
(ref. section 2202) 0240
Is the payment of fiduciary fees and attorney
fees in a supervised administration a "distribution" that requires a court
order for the personal representative to make the payment of either or
both? (ref. section 3504; MCR 8.303) 0239
Is there a requirement for notice to adult children
regarding
the homestead allowance, family allowance, or exempt property when there
is no surviving spouse? (ref. sections 2402, 2403, 2404, and 3705; MCR
5.305(A)) 0238
If there is no surviving spouse, but there are
surviving adult children, is the personal representative required to give
notice to the adult children regarding their right to exempt property?
(ref. section 2404) 0237
Is it necessary to have a petition for formal
proceedings in order for the personal representative to file a civil action
in probate court? (ref. MCR 5.101) 0236
Do administrative expenses and reasonable funeral
and burial expense have priority over allowances in a decedent estate?
(ref. sections 3805, 2402, 2403, and 2404) 0235
How are the intestate shares of first cousins
and their descendants determined? (ref. sections 2103(d) and 2106(2)) 0234
May current trust beneficiaries waive the requirement
of any required accountings prior to terminating the irrevocable trust?
(ref. section 7303) 0233
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
I have a will with the self-proving affidavit,
but which is notarized by one of the two witnesses. Does this have
to be rewritten? (ref. sections 2504 and 2502) 0231
Top of Page
In an estate proceeding, may discovery
be taken against a personal representative where no petition or objection
is pending? (ref. MCR 5.131) 0230
May a patient appoint two individuals to serve
as co patient advocates, and if so, would one have the power to act as
patient advocate independently of the other? (ref. section 5506) 0229
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 an estate be assigned to the beneficiary
of an unprobated will in a small estate proceeding? (ref. sections 3982,
3983, 3102 and 1107(g)) 0226
What is required to be filed to give a foreign
personal representative the authority to act in Michigan? (ref. sections
4203 and 5433) 0225
May a foreign corporate trustee not authorized
to do business in Michigan be appointed as a successor trustee? (ref. sections
7105 and 7305) 0224
Can an overriding royalty interest in an oil
and gas well be subject to a small estate proceeding? (ref. sections 3982
and 1106(q)) 0223
Is the child of a deceased cousin an interested
person in an estate where cousins are heirs? (ref. sections 8101, 2103
and 2106) 0222
Does an unsecured creditor have a lien on real
estate held by a trust? (ref. section 7501) 0221
Top of Page
Does the provision providing for non
probate transfers on death cover a deed transferring real estate? (ref.
sections 6101 and 1106(q)) 0220
Must any unsigned will accompany an application
for informal appointment of a personal representative? (ref. section 3301(1)(d))
0219
If a writing intended as a will can be admitted,
why retain provisions for a holographic will? (ref. sections 2502, 2503
and 2507) 0218
Who must be served when an interested person
is a foreign national? (ref. section 1401(4); MCR 5.125(A)(2)) 0217
When a joint owner feloniously causes the death
of the other joint owner, but does not survive the other joint owner, will
the 120 hour survival rule cause the felonious killer to take an interest
in the property? (ref. sections 2702, 2803, 1105(f)) 0216
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 supervised administration, must the personal
representative petition for the sale of real estate? Is the sale
of real estate a "distribution"? (ref. sections 3504, 3704, 3715(y)
and 1103(p)) 0214
Is there always a separate filing fee for a determination
of heirs? (ref. section 3402(1)(a); MCR 5.308(B)) 0213
Can a resident of Canada be appointed as personal
representative? (ref. sections 3203 and 3602) 0212
Must the inventory of a decedent's estate include
items such as life insurance policies and IRAs with designated beneficiaries?
(ref. section 3706) 0211
Top of Page
Can a Canadian citizen be appointed
as a trustee, patient advocate or attorney in fact? (ref. sections 7201,
5506 and 5501) 0210
How is the $15,000 limit calculated for collection
of personal property by affidavit? (ref. sections 3983 and 3982) 0209
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
When a spouse elects to take against the will,
how is the spouse's share calculated? (ref. sections 2202, 2102, 2402,
2403, 2404) 0207
What discovery options are available once a petition
has been filed? (ref. MCR 5.131) 0206
If a successor foreign corporate co-trustee is
appointed, where must the trust be registered and where can actions against
the trustee be heard? (ref. section 7101) 0205
What is the procedure for appointing a successor
corporate trustee of a testamentary trust? (ref. section 7206) 0204
When is the effective date of publishing Notice
to Creditors (Decedent's Estate) (PC 574) in order to time bar a creditor's
claim? (ref. sections 3104 and 3801; MCR 5.306) 0203
What is the easiest way for a deed be given by
a vendor's estate to vendees for a land contract paid before vendor's death?
(ref. section 3617) 0202
Is there a conflict between the Uniform Estate
Tax Apportionment Act and EPIC as to how taxes must be apportioned? (ref.
section 3920) 0201
Top of Page
How must a will be worded and witnessed
to be a self-proved will? (ref. section 2504) 0200
Is a will contest involving a holographic will
handled differently under EPIC? (ref. section 2503) 0199
If an objection is filed to the petition of a
conservator to exercise the powers of a personal representative, how must
the court proceed? (ref. section 5426(4)) 0198
Who are the interested persons for commencing
administration of an estate with a wrongful death action? (ref. sections
2803, 3301, and 3401; MCR 5.125(C)(2) and 5.125(C)(13)) 0197
May the creditor of a disallowed claim only pursue
such claim by filing a civil action? (ref. MCR 5.101(C)) 0196
In transferring a testamentary trust to Michigan,
must a Michigan probate court appoint the trustee? (ref. MCR 5.501) 0195
When reopening an estate, does the personal representative
have to follow the same procedural requirements as in an initial estate
administration? (ref. section 3959) 0194
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
After a determination of formal testacy, must
the personal representative send notice of his duties and attorney fee
agreement to heirs who are not otherwise devisees? (ref. section 3705)
0192
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
Top of Page
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
When is the Notice of Continued Administration
due in a reopened estate? (ref. section 3951) 0189
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 guardian and conservator bonds run to
State of Michigan or judge? (ref. section 5410) 0187
Can a minor petition to commence proceedings?
(ref. sections 3401, 3414 and 8101) 0186
Has summary administration of small estates been
expanded to include estates where there is no surviving spouse or minor
children? (ref. sections 3987 and 8101) 0185
Must an administratively closed file only be
opened by petition? What form should be used? (ref. MCR 5.144 and
5.312) 0184
What law applies to the distribution and construction
of a trust under a will? (ref. section 8101) 0183
May a creditor file a petition for leave to file
a claim more than four months after publication of notice to creditors?
(ref. section 3806) 0182
When is the inventory and account due for a successor
personal representative? (ref. sections 3706(1) and 3703(4); MCR 5.310)
0181
Top of Page
Is it possible to change venue in a
guardianship or conservatorship from the county where the ward resides
to the county where the guardian or conservator resides? (ref. MCR 5.128(A))
0180
What is the procedure to contests a claim filed
with the trustee after publication? (ref. sections 7504 to 7511; MCR 5.101)
0179
Are papers filed with the probate court public
record when proceedings were commenced by informal proceedings? What
if commenced by formal proceedings? (ref. sections 3301, 3401 and 3414;
MCR 5.113(D)) 0178
What is the best way to obtain medical record
in an estate with no other assets? (ref. section 3987) 0177
Has the Estates and Protected Individuals Code
(EPIC) significantly affected dower rights? (ref. section 2205) 0176
Can the personal representative of an interested
person commence an estate proceeding? What priority would the personal
representative have? (ref. sections 1105, 3301, 3401 and 3203) 0175
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
What are the advantages of closing an estate
by an order of complete estate settlement? (ref. sections 3952 and 3302)
0173
If a surviving spouse withholds property from
an estate, may she be held liable for double the value of the property?
(ref. section 1205(4)) 0172
Can a surviving spouse, omitted from a premarital
will, who takes against the will also receive homestead, family and exempt
property allowances? (ref. sections 2301, 2202(2)(b), 2402, 2403, and 2404)
0171
Top of Page
May papers concerning a trust be filed
with the court when there is no open trust file? (ref. section 7201(2))
0170
Can there be informal appointment in an intestate
estate? (ref. sections 3307 and 3308(1)(e)) 0169
May a decedent omit minor children from his will?
Do they have any recourse? (ref. sections 2302, 2402, 2403 and 2404) 0168
Who must be served with a conservator's accounting?
(ref. section 5417; MCR 5.125(C)(6) and 5.409(C)) 0167
What action does the court take if a fiduciary
does not file a timely notice of continued administration? (ref. section
3951) 0166
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 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
How can you cutoff the opportunity for an heir
to object to an informally probated will? Can you treat the heir
as a possible known creditor? (ref. sections 3301, 3401, 1103(g) and 1104(m))
0163
What proof is required to presently probate a
lost will for a decedent who died before April 1, 2000? (ref. sections
8101 and 3402(1)(c)) 0162
May a child adopted by a step parent still inherit
from a biological parent who dies after April 1, 2000? What proof
is necessary to show the biological relationship? (ref. sections 2114 and
8101) 0161
Top of Page
Can a probate register appoint a personal
representative under waivers and consents in an informal proceeding? (Ref.
section 3203) 0160
What language can be used to avoid antilapse
provisions of the Code? (ref. sections 2603 and 2709) 0159
Are there any circumstances where it would be
beneficial to the heirs of a deceased estate to probate an estate in Michigan
where the only asset of the estate is a parcel of real estate located in
Florida? (ref. section 4203) 0158
For an ancillary administration what papers must
be filed to enable a personal representative to have full authority to
act in Michigan? (ref. sections 4203 and 3303(4)) 0157
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
Has the procedure changed for the approval of
wrongful death settlements? (ref. section 3924) 0155
Is the payment of charges against the estate
and the determination of family allowance considered to be substantive
or procedural? For a decedent dying before April 1, 2000, may the
estate be closed by a
Sworn Statement? (ref. section 8101) 0154
In an unsupervised administration who must receive
copies of the inventory and accounts? (ref. sections 3706(2), 3954(1)(d),
1103(p) and 1105(c); MCR 5.125) 0153
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 documents are required to be filed with
the Court to petition for commencement of proceedings as a creditor? (ref.
sections 3401 and 3414) 0151
Top of Page
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 a secured creditor have priority to estate
assets other than the security over unsecured creditors? (ref. sections
3809 and 3805) 0149
When a petition is filed asking for relief concerning
a trust, must the petition ask for limited court supervision? (ref. section
7201) 0148
Does Michigan Court Rule 8.303 concerning attorney
fees apply to payment of attorney fees in a conservatorship? (ref. MCR
8.303) 0147
If wife is taken care of through a pension plan,
can she still take against the will if not satisfied? (ref. sections 2202
and 2205) 0146
May the owner of a foster care home where an
individual resides be appointed as guardian and/or conservator for that
individual? (ref. sections 5313, 5409, and 5106) 0145
Must a conservator be appointed for a minor before
a decedent estate can be commenced for a parent on behalf of such minor?
(ref. sections 3204 and 1104(k)) 0144
What is the procedure to for a spouse or child
of a decedent to obtain the decedent's medical records if the facility
will not release the records? (ref. general statutes) 0143
Can the son of an incapacitated person who has
priority be appointed guardian if he lives in England? (ref. sections 5313
and 5307) 0142
What event should be the beginning date for tracking
when a notice of continued administration needs to be filed?
What event should be the beginning date for tracking when an account must
be filed? What fiduciaries need to file an inventory? (ref. sections
3951 and 3706; MCR 5.310 and 5.204(B)) 0141
Top of Page
After an estate has been closed, may
a personal representative retain authority to do particular acts specified
by a court? (ref. sections 3608, 3610, 3951) 0140
Does MCL 700.7307(3) require accounts to differentiate
between principal and income? (ref. section 7307(3)) 0139
When a decedent died before April 1, 2000 with
the estate commenced after that date, will the intestate share be determined
using the per stirpes method or per capita at that generation? (ref. section
8101) 0138
What statutes or court rules govern stays for
appeals from probate orders? (ref. section 1305; MCR 5.802(C)) 0137
Is there any information available on MCL 700.1205(3)
other than the UPC commentary? (ref. section 1205(3)) 0136
Must the personal representative provide copies
of the U.S. and Michigan Estate Tax returns to children of the deceased?
(ref. section 3703) 0135
When a spouse takes against the will and her
share is calculated, what property is included in "reduced by the value
of all property derived by the spouse from the decedent"? (ref. section
2202) 0134
Can form PC 607, Application/Petition to Reopen
Estate, be used to reopen an estate closed before April 1, 2000?
(ref. section 3959) 0133
Before informal appointment must there be notice
published once a month for 4 consecutive months to notify an interested
person with equal priority whose whereabouts are unknown? (ref. section
1208; MCR 5.106 and 5.309) 0132
Can a creditor petition for a formal appointment
of a personal representative when there is no will? When can the
appointment be made? (ref. sections 3414, 1105(c), and 3203(1)(f)) 0131
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Where probate was started informally
and the parties have now entered into an agreement settling a dispute,
must an order reflecting the understanding be entered in a formal proceeding?
(ref. sections 3415 and 1104(h)) 0130
If a person died before April 1, 2000, do the
provisions of the Revised Probate Code concerning an absent spouse apply?
(ref. section 8101) 0129
How should the transfer of real estate to beneficiaries
be accomplished by a personal representative? Is it by the
Order for Complete Estate Settlement or deed? (ref. section 3952) 0128
For a testamentary trust that is still supervised,
must the court take action to prompt the trustee to file an affidavit of
incumbency before approving accounts? (ref. MCR 5.501(F)) 0127
What action by the court is authorized when a
conservator exceeds his or her authority? (ref. sections 1308 and 1309;
MCR 5.409(E), 5.204 and 5.121) 0126
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
May the nominee of a creditor be appointed personal
representative in an informal proceeding? (ref. section 3203) 0124
May a guardian of a legally incapacitated individual
delegate duties under a durable power of attorney? (ref. section 5103)
0123
May a child who was adopted in a stepparent adoption
inherit from both her biological father and adoptive father? (ref. sections
2114 and 8101) 0122
In a case pending on April 1, 2000 with a spousal
election made after such date, which dollar amounts apply? (ref. section
8101) 0121
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If one does not follow accouting standards
set forth in the Estates and Protected Individauls Code (EPIC) to take
advantage of 1 year protection, how many years will fiduciary be open to
liability? (ref. section 3707) 0120
Can parents name a citizen and resident
of another country as the guardian of a their child in their will? (ref.
section 5214) 0119
In an estate commenced by informal proceeding,
does a request for formal probate and appointment require revocation of
the initial appointment and new Acceptance of Appointment? (ref. sections
3302, 3401, and 3307) 0118
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
When a request is made to admit a lost will,
must there be a determination of heirs? What forms are used? (ref.
section 3402) 0116
In an insolvent estate may administration and
funeral expenses be paid to the exclusion of state and federal taxes owed?
(ref. section 3805) 0115
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
What distribution scheme is used for a decedent
who died before April 1, 2000 leaving a surviving spouse and child not
common to the marriage? (ref. section 8101) 0113
Must the Michigan Attorney General be served
in the case of informal appointment when the address of one of two daughters
is unknown? (ref. MCR 5.125(A)(1)) 0112
When must a trustee of a joint trust give notice
to creditors? (ref. sections 7504 and 7501) 0111
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Is there an SCAO or other form developed
to implement the provisions of MCL 700.5103? (ref. section 5103)
0110
Do you need a resident agent appointed for a
fiduciary who does not lives in Michigan? (ref. sections 3203, 3204, and
3602) 0109
What requirements are necessary for completion
of an estate pending before April 1, 2000? (ref. sections 8101, 3804, 3952,
and 3954) 0108
What forms need to be filed to probate a small
estate? (ref. sections 3982, 3983, and 3987) 0107
How should letters be reissued for estates pending
before April 1, 2000? (ref. section 8101) 0106
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
Does the new probate code limit the ability to
create a testamentary trust? (ref. sections 2511 and 2602) 0103
Is the manner of payment of allowances considered
procedural or substantive? (ref. section 8101) 0102
Must a personal representative publish for claims
and give actual notice to creditors? (ref. section 3801) 0101
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Must testator and witnesses sign will
twice to be a valid self-proving will? (ref. section 2504) 0100
May a marital home be held by a trust for the
surviving spouse under the Prudent Investor Rule? (ref. sections 1504,
1502 and 1507) 0099
May a surviving spouse's estate make an election?
Can adopted children take from both adoptive parents and biological parents?
Are these rights substantive or procedural? (ref. sections 8101, 2202,
2114) 0098
May administrative costs and funeral expenses
be paid to the exclusion of income tax owed by the estate in a small estate
proceeding? (ref. section 3982) 0097
May the estate of a surviving spouse elect to
take against the will or elect dower? (ref. section 2202(2)) 0096
When a successor trustee is appointed, who must
be notified? (ref. section 7303(3)) 0095
What does a case pending before April 1, 2000
become? Who should sign reissued letters? Is a formal determination
of testacy necessary for an estate where the will was admitted by independent
probate? (ref. section 8101) 0094
If a sole heir applies for informal appointment,
are there any further notice requirements before appointment? (ref. section
3310) 0093
Are grandchildren\devisees listed on the Supplemental
Testimony form or are they heirs that must be listed on the Testimony Interested
Persons form? (ref. section 2103) 0092
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
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When may a special fiduciary be appointed?
May a special personal representative be appointed in an informal proceeding
without a request for a general personal representative? (ref. sections
1309, 3614) 0090
What is the statute of limitations on contesting
a will? (ref. section 3412) 0089
How soon can a funeral home proceed to have someone
appointed to make funeral arrangements? (ref. sections 3301, 3203, 3615)
0088
How should the term "issue" in a trust document
sign prior to April 1, 2000 now be interpreted when a child has been adopted?
(ref. sections 8101(e), 1103(k), 2114) 0087
Is a personal representative required to prepare
and file tax returns? (ref. sections 3709, 3805, 3807) 0086
How should one proceed to remove a personal representative?
Is a register's order under the Revised Probate Code considered an
adjudication? (ref. section 3415) 0085
Does a designee of a person having priority take
that person's priority for the purpose of informal appointment of a personal
representative? (ref. sections 3204(2), 3203(3)) 0084
Who must receive notice of a trust's existence?
(ref. sections 7303, 1103, 1105) 0083
Must you use a notary to have a self-proved will?
(ref. section 2504(5)) 0082
Do I use the new forms for estates pending before
April 1, 2000? (ref. section 8101) 0081
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Can the court appoint a personal representative
named in a will without probating the will? (ref. section 3102) 0080
Can the register appoint a personal representative
named in a will without probating the will? (ref. sections 3102, 3309,
3308) 0079
Can a lost will of a non-resident be admitted
to probate without first being admitted in the state of decedent's residence?
(ref. sections 3402(1)(c), 4205, 3301) 0078
How is the appointment of a guardian ad litem
made in either a formal or informal proceeding? (ref. section 1403) 0077
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 a person with priority nominates an individual
do we need consent from those with equal priority to that individual? (ref.
section 3203) 0074
Can a waiver and consent be signed by a person
with priority in lieu of a renunciation? (ref. section 3203) 0073
When should a guardian ad litem be appointed
in a decedent's estate? Must a judge make the appointment? (ref.
sections 1403(d), 3204(1) and 3310) 0072
What form should be used to waive a priority
for appointment? (ref. section 3310) 0071
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How should an attorney handle a situation
where his fiduciary client is delinquent in duties? (ref. section 3951)
0070
Does a guardian of a minor nominated by "separate
writing" take precedent over a nomination contained in a will? (ref. sections
5202, 2502, 2503) 0069
May a non resident be nominated in a will as
personal representative? (ref. section 3204) 0068
If a premarital will excludes a spouse leaving
everything to children, may the surviving spouse take anything against
the will? (ref. sections 2301, 2201, 2202) 0067
Can defining the State of Michigan as an heir
cause drafting problems? (ref. section 1104(m)) 0066
Why is the State of Michigan now defined as an
heir and does it make a difference? (ref. section 1104(m)) 0065
How may a successor personal representative be
appointed? (ref. sections 3610, 3611) 0064
Does a personal representative nominated in a
will have priority in an informal proceeding? (ref. section 3203, 3310)
0063
What is the procedure when there is an objection
to a sworn statement? (ref. sections 3954, 3958) 0062
Do liens and encumbrances reduce the value of
estate assets for determining if an estate is under $15,000 and qualifies
for the summary small estate procedures? (ref. section 3982) 0061
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Are accountings required of all personal
representatives? Must the accountings be filed with the court?
(ref. section 3703) 0060
When does a person have a "property right" sufficient
to for them to be an "interested person"? Can a creditor be a personal
representative? (ref. sections 3301, 1105(c), 3203) 0059
May a personal representative formally appointed
close an estate by filing a sworn statement? (ref. sections 3954, 3988)
0058
Are summary procedures still available for administering
a small estate? (ref. section 3987) 0057
How may pending testamentary trusts become unsupervised?
(ref. section 7201(2), MCR 5.501(F)) 0056
How should assets be valued in a conservator's
inventory and accounting? (ref. sections 5417, 5418) 0055
How does a stepparent adoption affect inheritance
rights after April 1, 2000? (ref. sections 2114, 8101) 0054
What would qualify as an official seal? (ref.
section 2504) 0053
When is a revocable trust responsible to pay
homestead, family or exempt property allowances? (ref. sections 7501, 7502)
0052
What are the requirements for dividing a testamentary
trust? (ref. section 7401(2)(ff)) 0051
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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
Must a pending proceeding to determine death
of a disappeared person continue under the procedure of the Revised Probate
Code after April 1, 2000? (ref. sections 8101, 1208) 0049
How must an unsecured creditor begin an estate
with no known heirs? (ref. sections 3203, 3308, 3310) 0048
After a will is formally or informally probated,
do heirs still remain as interested persons? (ref. MCR 5.125(C)) 0047
Can the affidavit procedure be used to transfer
an auto to a devisee of an unprobated will? (ref. sections 3983, 3982)
0046
Must there be a determination of heirs in every
proceeding? (ref. section 3402, MCR 5.308(B)(1)) 0045
What are the requirements for trust accounting?
(ref. section 7307) 0044
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
How should "heirs" be interpreted in determining
interested persons? (ref. sections 1103, 2103) 0042
How is the estate or share in an estate of a
missing individual handled? (ref. section 1208) 0041
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How does a renunciation affect the nomination
of a personal representative? (ref. section 3203) 0040
May an Illinois independent administrator give
a deed to Michigna property pursuant to a buy/sell agreement executed prior
to decedent's death? (ref. section 4203) 0039
Are heirs interested persons in a testate estate?
(ref. section 1105(c) and MCR 5.125(C)) 0038
What is the value of a self proving will? (ref.
sections 3406, 2504) 0037
What form should be used for the annual or final
account of a conservator? (ref. Petition and Order Allowing Account (PC
585) ) 0036
When are bonds required? When must there
be a surety? (ref. section 3604) 0035
Is the authority of a foreign personal representative
limited by the way they may have been appointed in the foreign jurisdiction?
(ref. section 4203) 0034
What "official seal" is necessary for a self
proved will? (ref. section 2504) 0033
Should a court issue letters of trusteeship when
a successor trustee is appointed? (ref. MCR 5.501(E)) 0032
Does a non-resident personal representative need
to file a designation of and acceptance by registered agent under EPIC?
(ref. section 3602) 0031
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Must inventory fees be assessed when
foreign letters of authority are filed with a court? (ref. section 4203)
0030
Must letters of authority for pending cases be
extended after April 1, 2000? (ref. section 8101, MCR 5.202) 0029
How can a conservatorship be used in the case
of an individual who has disappeared and may be presumed dead? (ref. sections
1208, 5401) 0028
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
For cases pending before April 1, 2000 should
action dates be calculated from the date the personal representative was
appointed or April 1, 2000? (ref. section 8101) 0026
What are the filing requirements when an Order
for Complete Estate Settlement is requested? What may the court require
to be filed in an independent request to the court? (ref. sections 3952,
3415 and MCR 5.307(D) 0025
How have the priority of charges against an estate
changed under EPIC? (ref. sections 3805, 3982) 0024
What transitional policy for pending cases should
a court follow after April 1, 2000? (ref. section 8101) 0023
Can a trust be created for a minor which postpones
enjoyment beyond 18 and then a conservator for the minor funds the trust
with conservatorship assets? (ref. section 5408) 0022
Can an individual who knows of a will but does
not want it probated be appointed informally? What procedure needs
to be followed? Are devisees named in such will interested? (ref.
sections 3301, 3303, 3308, 3311, 2516) 0021
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When a personal representative is appointed
informally, must he or she be formally appointed before they can ask the
court for an order? (ref. section 3415) 0020
How should probate courts handle registration
of trusts? Must the trust be filed and is it confidential?
(ref. section 7102) 0019
Where is the authority in EPIC for the
conservator of a minor to establish a trust? (ref. section 5408(2)) 0018
Must a filing fee be paid when the Account of
Fiduciary (PC 583, 584) is filed? (ref. section 3703(4); MCR 5.308(A),
5.409(C) ) 0017
Are charities, who receive a remainder interest
under a trust, interested trust beneficiaries who are entitled to notice?
(ref. section 7303) 0016
What are the duties to the court of a guardian
of a minor appointed by parental appointment by will or other writing?
(ref. section 5202) 0015
How should the court treat a conservator who
is granted the powers of a personal representative to administer the estate
of a deceased ward? (ref. section 5426(4)) 0014
How should the court treat the filing of foreign
letters of authority? (ref. section 4203) 0013
How will the court treat existing testamentary
trusts after April 1, 2000? (ref. MCR 5.501(F)) 0012
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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What procedure will be utilized for
a supervised estate under the Revised Probate Code after April 1, 2000?
(ref. section 8101) 0010
What are the register's responsibilities
in setting bond? (ref. sections 3603, 3604 and 3605) 0009
What is the court's responsibility once a personal
representative files a resignation? (ref. section 3610) 0008
Can a widow still be prevented from
taking against the will if she had "deserted" the deceased for over one
year prior to his death? (ref. section 2801) 0007
May an existing will filed with the
court be made a self-proved will by filing an affidavit with that will?
How would this be accomplished? (ref. section 2515) 0006
Are there advantages and disadvantages
to "preemptive" registration prior to a demand being made under EPIC?
Must the trustee of an irrevocable trust presently seek court appointment
under RPC, accept the trust and file an inventory in order to qualify?
(ref. section 7102) 0005
Is there a simple way to describe probate
under EPIC? (ref. Article III) 0004
Where should a testamentary trust be
registered? (ref. section 7101) 0003
How is a lost or destroyed will admitted
under EPIC? (ref. section 3402(1)(c)) 0002
May papers, not otherwise required to
be filed, be filed with the court? Is there any new uniform
set of abbreviations for actions under EPIC? Will filing fees change?
(ref. MCR 5.113(D)) 0001
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EPIC Questions and Answers - Menu
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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