Wills Trusts and Estates Flashcards

Under Michigan law, a surviving spouse of a testate decedent may elect against the will to take what?

Answer: One-half of the intestate share, reduced by one-half of the value of property derived from the decedent by other means

MCL 700.2202 gives an electing widow or widower one-half of the intestate share, reduced by half the value of other property received from the decedent.

A Michigan decedent dies intestate survived by a spouse and two children who are also the spouse's children. The spouse takes what?

Answer: The first indexed statutory amount (roughly $150,000 adjusted for inflation) plus one-half of the remaining estate

Under MCL 700.2102, a spouse sharing with joint descendants takes an inflation-adjusted lump sum plus one-half of the balance.

A holographic codicil to a typed, attested Michigan will crosses out a $10,000 gift and handwrites '$15,000' with the testator's signature and date. What is the most likely result?

Answer: The change is effective as a valid holographic codicil

Because Michigan recognizes holographic instruments, a dated, signed handwritten alteration with material portions in the testator's hand can operate as a holographic codicil.

Under EPIC's harmless error rule, a document not executed with will formalities may still be probated if what is shown?

Answer: Clear and convincing evidence that the decedent intended it as a will, revocation, addition, or revival

MCL 700.2503 allows probate of a noncompliant document on clear and convincing evidence of the decedent's testamentary intent.

In Michigan, which allowance has first priority and is exempt from all claims against the estate?

Answer: The homestead allowance

The homestead allowance (MCL 700.2402) is exempt from and has priority over all claims against the estate.

A Michigan will devises the residue 'to my descendants.' Under EPIC's default rule, descendants take by which system of representation?

Answer: Per capita at each generation

Michigan's EPIC default (MCL 700.2709 and 700.2106) is per capita at each generation, treating equally related takers equally.

A testator tears his will in half intending to revoke it, but one page is later found intact. Under Michigan law, the will is:

Answer: Revoked, because a revocatory act on part of the will with intent to revoke suffices

Under MCL 700.2507, a revocatory act performed on the will with intent to revoke revokes it even if the act does not touch every word or page.