In Re Nielsen Estate - Specific vs General Devise Classification

The Michigan Court of Appeals reversed the probate court's determination that Neal Nielsen's bequest of personal property categories to his former spouse constituted a general devise. The court held that use of the word 'my' before listed items, combined with the absence of any indication that Paula should receive something of equal value in lieu, established a specific devise. As a result, under MCL 700.2405(1), the decedent's children cannot select items from the specific devise to fulfill their $16,000 exempt-property allowance if the estate is otherwise sufficient. The court remanded for the probate court to determine whether the estate, valued at approximately $1.3 million with over $600,000 in cash, was otherwise sufficient.

Probate practitioners and estate planners should note that categorical listing of personal property items in a will does not automatically convert a specific devise to a general one. The use of possessive identification language ('my') is indicative of specific intent. This ruling provides Michigan estates with clearer guidance on the classification of property bequests and the interaction between specific devises and exempt property rights.