MI Bar Wills Trusts and Estates 3

Question 1

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

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The change is effective as a valid holographic codicil

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The homestead allowance

Answer

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

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Wills Trusts and Estates 3