M Civ JI 175.01 Pretermitted Heirs - Defining Legal Names of Parties and Counsel

Caution: The instructions in this chapter should be used only for estates of decedents dying before April 1, 2000, the effective date of the Estates and Protected Individuals Code (EPIC). MCL 700.8101(1), (2)(a). See the instructions in chapter 178 for estates of decedents dying on or after April 1, 2000.

This is a proceeding to determine whether [ name of child / name of other issue / name of husband / name of wife ] is entitled to the same share of [ name of decedent ]’s estate that [ he / she ] would have received if [ name of decedent ] died without a will.

The person seeking the share of the decedent [ name of decedent ]’s estate is called the petitioner. The petitioner is [ state name and indicate where seated ]. The attorney for the petitioner is [ state attorney’s name and indicate where seated ]. The person who claims that [ name of child / name of other issue / name of husband / name of wife ] is not entitled to the same share of [ name of decedent ]’s estate that [ he / she ] would have received if [ name of decedent ] died without a will is called the respondent. The respondent is [ state respondent’s name and indicate where seated ]. A respondent is one who responds to a petition. The attorney for the respondent is [ state attorney’s name and indicate where seated ]. [ If any other persons are at the counsel table, identify them and describe their function ].

Note on Use

Caution: This instruction should be used only for estates of decedents dying before April 1, 2000, the effective date of the Estates and Protected Individuals Code (EPIC). MCL 700.8101(1), (2)(a). See the instructions in chapter 178 for estates of decedents dying on or after April 1, 2000.

In pretermitted heirs cases for estates of decedents dying before April 1, 2000, this instruction should be substituted for M Civ JI 1.02.

History

M Civ JI 175.01 was added February 1986. ​