Return to Probate Review MenuThe following changes were adopted by the Michigan Supreme Court on January 27, 2010. The changes are effective April 1, 2010. The rules are primarily to help implement the new Michigan Trust Code which also is effective April 1, 2010.
A. MCR 5.105(B)(4) was added. This is a new sub rule which allows parties to a civil action or interested persons to a proceeding to agree to service by e-mail.
B. MCR 5.125 was amended in various subsections to change trust references to those found in the new Michigan Probate Code.
C. MCR 5.125(C)(32) was added. This is a new subsection which defines the interested persons in the modification or termination of a non charitable irrevocable trust.
D. MCR 5.208 was added. This rule deals with notice to creditors and presentment of claims for all fiduciaries and trustees. The rule replaces MCR 5.306 which was specific to decedent estates and MCR 5.503 which concerned trusts.
E. MCR 5.501 was amended in various subsections to make technical corrections and to conform trust references to those found in the new Michigan Trust Code effective April 1, 2010.
F. MCR 5.801 was amended in various subsections to clarify what actions are appealable to the Court of Appeals. Several new items concerning possible trust actions were added and technical corrections were made elsewhere.
G. MCR 5.802(B)(1) was amended to delete the last sentence of the subsection as such sentence was unnecessary.
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Last updated 1-29-10
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