Wills Trusts and Estates Flashcards

Under Michigan law, a will contestant alleging undue influence gets a presumption of undue influence upon showing:

Answer: A confidential or fiduciary relationship, the fiduciary's benefit under the will, and the fiduciary's opportunity to influence the decision

Michigan raises a presumption of undue influence from a confidential relationship, benefit to the fiduciary, and opportunity to influence (In re Karmey Estate framework).

A Michigan will contains a no-contest (in terrorem) clause. Under EPIC, the clause is unenforceable against a beneficiary who contests with:

Answer: Probable cause for instituting the proceeding

MCL 700.2518 makes no-contest clauses unenforceable when the contestant had probable cause to bring the challenge.

Under EPIC, an individual who feloniously and intentionally kills the decedent:

Answer: Forfeits all benefits under the will and intestacy, being treated as having disclaimed or predeceased

Michigan's slayer statute (MCL 700.2803) treats the killer as disclaiming, revoking benefits under wills, intestacy, and governing instruments.

A Michigan testator's will references a separate handwritten list disposing of tangible personal property, signed but written after the will. The list is:

Answer: Effective, because EPIC allows a signed memorandum for tangible personal property prepared before or after the will

MCL 700.2513 permits a will to refer to a signed written statement disposing of tangible personal property, whether prepared before or after execution.

Under Michigan law, nonprobate transfers such as POD accounts and revocable trust assets are counted for elective share purposes how?

Answer: Property derived from the decedent outside the will reduces the electing spouse's share by half its value

Michigan reduces the elective share by one-half the value of property the spouse derived from the decedent by means other than the will, rather than using a full augmented estate.

In Michigan, a child born after the execution of a parent's will and not provided for generally receives:

Answer: A share of the estate as a pretermitted (omitted) child, sized by whether other children were living and provided for at execution

MCL 700.2302 gives an omitted after-born or after-adopted child an intestate or equalized share unless an exception, like provision by transfer outside the will, applies.

A Michigan decedent's will cannot be found at death, though it was last known to be in the decedent's possession. The legal presumption is:

Answer: The testator destroyed the will with intent to revoke it, rebuttable by evidence to the contrary

When a will last in the testator's possession is missing at death, Michigan presumes revocation by destruction, though the presumption can be rebutted.