ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.1105 Definitions; I to L.
Sec. 1105.
As used in this act:
(a) "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.
(b) "Informal proceedings" means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.
(c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.
(d) "Issue" means an individual's descendant.
(e) "Joint tenants with the right of survivorship" includes, but is not limited to, co-owners or ownership of property held under circumstances that entitle 1 or more to the whole of the property on the death of the other or others, but does not include forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.
(f) "Jurisdiction," with respect to a geographic area, includes a county, state, or country.
(g) "Lawyer-guardian ad litem" means an attorney appointed under section 5213 or 5219 who has the powers and duties referenced by and provided in section 5213.
(h) "Lease" includes, but is not limited to, an oil, gas, or other mineral lease.
(i) "Legally incapacitated individual" means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual.
(j) "Letters" includes, but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
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Notes of Decisions
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018).
· cites it 21× “Our Supreme Court directed this Court to "consider whether the terms 'child' and 'beneficiary' in MCL 700.1105 are modified by the phrase 'and any other person that has a property right in or claim against a trust estate.”
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014).
· cites it 3× “Throughout these proceedings the parties have operated under the correct understanding that MCL 700.1105, which relates to intestate succession, applies to this issue despite the decedent’s having a valid will at the time of his death.”
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
· cites it 2× “Under the MTC, a trustee is required to administer a trust in accordance with its terms and purposes, MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
· cites it 3× “] The definition of "interested person" is provided in MCL 700.1105(c), which states: "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person…”
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
· cites it 2× “Petitioner is undoubtedly an "interested person" for purposes of the Estates and Protected Individuals Code, see MCL 700.1105(c), and filed a petition against Woods, as a personal representative, for alleged wrongdoings that resulted in a loss to decedent's estate.”
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).
“As a beneficiary, and therefore an “interested person,” MCL 700.1105(c), Mark certainly had statutory standing in this case to invoke the probate court’s jurisdiction with respect to the administration of the BR Trust, MCL 700.”
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015).
“” “[I]n my mind,” the court elaborated, “he’s talking about a legally incapacitated person as that term is defined in Section 1105 [MCL 700.1105(i)] meaning a person who is incapacitated so as to require the assistance of a Guardian.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 912 N.W.2d 175 (Mich. 2018).
“On remand, the Court of Appeals should consider whether the terms "child" and "beneficiary" in MCL 700.1105 are modified by the phrase "and any other person that has a property right in or claim against a trust estate.”
— Mich. Comp. Laws § 700.1105(a) — 21 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018).
“Our Supreme Court directed this Court to "consider whether the terms 'child' and 'beneficiary' in MCL 700.1105 are modified by the phrase 'and any other person that has a property right in or claim against a trust estate.”
— Mich. Comp. Laws § 700.1105(b) — 1 case
— Mich. Comp. Laws § 700.1105(c) — 28 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018).
“Our Supreme Court directed this Court to "consider whether the terms 'child' and 'beneficiary' in MCL 700.1105 are modified by the phrase 'and any other person that has a property right in or claim against a trust estate.”
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).
“Under the MTC, a trustee is required to administer a trust in accordance with its terms and purposes, MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
“] The definition of "interested person" is provided in MCL 700.1105(c), which states: "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person…”
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
“Petitioner is undoubtedly an "interested person" for purposes of the Estates and Protected Individuals Code, see MCL 700.1105(c), and filed a petition against Woods, as a personal representative, for alleged wrongdoings that resulted in a loss to decedent's estate.”
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014).
“Throughout these proceedings the parties have operated under the correct understanding that MCL 700.1105, which relates to intestate succession, applies to this issue despite the decedent’s having a valid will at the time of his death.”
— Mich. Comp. Laws § 700.1105(i) — 6 cases
In Re Conservatorship of Bittner, 879 N.W.2d 269 (Mich. Ct. App. 2015).
“” “[I]n my mind,” the court elaborated, “he’s talking about a legally incapacitated person as that term is defined in Section 1105 [MCL 700.1105(i)] meaning a person who is incapacitated so as to require the assistance of a Guardian.”
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