OVERHAUL OF PROBATE CODE

By: James P. Dean

                The Estates and Protected Individuals Code ("EPIC") is the first major revision of the Michigan probate code in over 20 years.  This change is effective April 1, 2000, and, among other things, will affect several aspects of will and trust construction and transfers.

                Of particular interest to our clients should be (1) some new rules for distributions to the children of a deceased child, (2) the availability of a form of will which is "self-proving" (no need to take formal testimony in court to prove the will of a decedent), and (3) the application of higher standards for investments by probate personal representatives and trustees of trusts under the new "prudent investor rule."

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