Wills Trusts and Estates Flashcards

Under Michigan's EPIC, a holographic will is valid if which elements are in the testator's handwriting?

Answer: The material portions and signature, plus a date

MCL 700.2502(2) validates a holographic will if it is dated and the signature and material portions are in the testator's handwriting.

A testator's will leaves 'my car' to his nephew. After executing the will, the testator sells that car and buys a new one. Under Michigan law, what does the nephew most likely take?

Answer: The replacement car, under EPIC's nonademption rules for specifically devised replacement property

EPIC (MCL 700.2606) gives a specific devisee replacement property the testator owned at death, softening common-law ademption.

Under Michigan's antilapse statute, a devise to a deceased beneficiary passes to that beneficiary's descendants only if the beneficiary was what relation to the testator?

Answer: A grandparent, a descendant of a grandparent, or a stepchild of the testator

MCL 700.2603 applies antilapse protection to devisees who are the testator's grandparent, a grandparent's descendant, or a stepchild.

In Michigan, an heir must survive the decedent by how long to take under intestate succession?

Answer: 120 hours

MCL 700.2104 requires an heir to survive the decedent by 120 hours or be deemed to have predeceased.

A Michigan testator executes a valid will, then marries. The new spouse is not provided for in the will. What is the spouse's likely entitlement?

Answer: An intestate share of the portion of the estate not left to the testator's children born before the marriage, as a pretermitted spouse

Under MCL 700.2301, a premarital will spouse takes an intestate share of assets not devised to the testator's pre-marriage children, unless exceptions apply.

Under EPIC, divorce after execution of a will has what effect on provisions favoring the former spouse?

Answer: It revokes dispositions and fiduciary appointments in favor of the former spouse and the spouse's relatives

MCL 700.2807 revokes revocable dispositions and appointments to a former spouse and the former spouse's relatives upon divorce or annulment.

Which of the following is required for a valid attested will in Michigan?

Answer: Signature by the testator and at least two individuals who witnessed the signing or the testator's acknowledgment within a reasonable time

MCL 700.2502(1) requires a writing, the testator's signature, and two witnesses who sign within a reasonable time after witnessing the signing or acknowledgment.