MI Bar Wills Trusts and Estates 3 — Questions and Answers
Question 1: Under Michigan law, a surviving spouse of a testate decedent may elect against the will to take what?
- One-half of the intestate share, reduced by one-half of the value of property derived from the decedent by other means (Correct answer)
- One-third of the augmented estate outright
- The entire probate estate
- A life estate in all real property only
Correct 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.
Question 2: A Michigan decedent dies intestate survived by a spouse and two children who are also the spouse's children. The spouse takes what?
- The first indexed statutory amount (roughly $150,000 adjusted for inflation) plus one-half of the remaining estate (Correct answer)
- The entire estate
- One-third of the estate
- One-half of the estate with no lump sum
Correct 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.
Question 3: 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?
- The change is effective as a valid holographic codicil (Correct answer)
- The change is void and the original $10,000 gift stands
- The entire will is revoked
- The gift fails entirely, passing to the residue
Correct 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.
Question 4: Under EPIC's harmless error rule, a document not executed with will formalities may still be probated if what is shown?
- Clear and convincing evidence that the decedent intended it as a will, revocation, addition, or revival (Correct answer)
- A preponderance of evidence of testamentary intent
- Two witnesses testify to the decedent's oral wishes
- The document was notarized
Correct 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.
Question 5: In Michigan, which allowance has first priority and is exempt from all claims against the estate?
- The homestead allowance (Correct answer)
- The family allowance
- The exempt property allowance
- The elective share
Correct answer: The homestead allowance
The homestead allowance (MCL 700.2402) is exempt from and has priority over all claims against the estate.
Question 6: A Michigan will devises the residue 'to my descendants.' Under EPIC's default rule, descendants take by which system of representation?
- Per capita at each generation (Correct answer)
- Strict per stirpes
- Per capita with representation only at the first generation
- Equally among all living descendants of any degree
Correct 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.
Question 7: A testator tears his will in half intending to revoke it, but one page is later found intact. Under Michigan law, the will is:
- Revoked, because a revocatory act on part of the will with intent to revoke suffices (Correct answer)
- Still valid because the act must destroy the entire document
- Only partially revoked as to the destroyed pages
- Valid unless witnesses observed the tearing
Correct 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.
MI Bar Wills Trusts and Estates 3
Under Michigan law, a surviving spouse of a testate decedent may elect against the will to take what?