MI Bar Wills Trusts and Estates 2 — Questions and Answers
Question 1: Under Michigan's EPIC, a holographic will is valid if which elements are in the testator's handwriting?
- The material portions and signature, plus a date (Correct answer)
- The entire document including all boilerplate
- Only the signature
- The signature and two witness attestations
Correct 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.
Question 2: 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?
- The replacement car, under EPIC's nonademption rules for specifically devised replacement property (Correct answer)
- Nothing, because the gift adeemed by extinction
- The cash value of the original car
- A general pecuniary devise equal to the car's value at death
Correct 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.
Question 3: 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?
- A grandparent, a descendant of a grandparent, or a stepchild of the testator (Correct answer)
- Any blood relative of the testator
- Only a child of the testator
- Any named beneficiary regardless of relation
Correct 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.
Question 4: In Michigan, an heir must survive the decedent by how long to take under intestate succession?
- 120 hours (Correct answer)
- 30 days
- 72 hours
- There is no survival requirement
Correct answer: 120 hours
MCL 700.2104 requires an heir to survive the decedent by 120 hours or be deemed to have predeceased.
Question 5: 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?
- An intestate share of the portion of the estate not left to the testator's children born before the marriage, as a pretermitted spouse (Correct answer)
- Nothing, because marriage revokes nothing under EPIC
- The entire estate, because marriage revokes the prior will
- Only the homestead allowance
Correct 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.
Question 6: Under EPIC, divorce after execution of a will has what effect on provisions favoring the former spouse?
- It revokes dispositions and fiduciary appointments in favor of the former spouse and the spouse's relatives (Correct answer)
- It revokes the entire will
- It has no effect unless the will says so
- It revokes only fiduciary appointments, not gifts
Correct 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.
Question 7: Which of the following is required for a valid attested will in Michigan?
- Signature by the testator and at least two individuals who witnessed the signing or the testator's acknowledgment within a reasonable time (Correct answer)
- Notarization by a licensed notary
- Witnesses who are disinterested beneficiaries only
- Publication of the will's contents to both witnesses
Correct 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.
MI Bar Wills Trusts and Estates 2
Under Michigan's EPIC, a holographic will is valid if which elements are in the testator's handwriting?