MI Bar Wills Trusts and Estates 2

Question 1

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

Accepted Answer

The material portions and signature, plus a date

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

120 hours

Answer

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?

Accepted 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

Answer

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.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Wills Trusts and Estates 2