Specific vs. General Gifts in a Michigan Will: What Nielsen Means for Estate Planning

What happened in the Nielsen case

Neal Nielsen died in 2020. The fifth article of his will left another person the following: “my household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of household or personal use or ornament … but excluding coins held for investment and paper currency.”

After his death, Paula and two of Neal’s adult children disagreed about what kind of gift it was. Was it a “specific devise,” a gift of those particular items, or a “general devise,” essentially a gift of value payable out of whatever the estate happened to hold? Christopher and Scott wanted the gift treated as general so they could select household items as part of their exempt-property allowance. The probate court agreed with them and called the gift “very general,” pointing in part to the fact that Neal had signaled he might later leave a separate memorandum listing particular pieces of property. The Court of Appeals disagreed and reversed.

Specific devise vs. general devise: why the label matters

Michigan law defines a “devise” as a gift of property made by will (MCL 700.1103(m)). Within that, the difference between specific and general is not just vocabulary:

• A specific devise is a gift of a particular, identified thing, such as “my 2019 pickup truck,” “my mother’s wedding ring,” or “my household furniture.” The court described it as “a specific thing” or “some particular portion of the testator’s estate.”
• A general devise is a gift of a quantity or value that can be satisfied from the estate’s general assets, for example “$10,000.”

Why care about the label? Because of how it interacts with the allowances Michigan law gives to a surviving family. A surviving spouse, or if there is no surviving spouse, the decedent’s eligible children jointly, can claim certain household furniture, furnishings, appliances, cars, and personal effects up to a set dollar amount (MCL 700.2404, which sets a base of $10,000 adjusted upward each year for inflation under MCL 700.1210; for a decedent dying in 2026 the adjusted amount is $20,000). But there is a protection for specific gifts: “If the estate is otherwise sufficient, property specifically devised shall not be used to satisfy rights to homestead allowance or exempt property” (MCL 700.2405(1)). And a specific devisee “has a right to the specifically devised property in the testator’s estate at death” (MCL 700.2606(1)).

Put plainly: if the devise is specific and the estate is otherwise sufficient, those items generally cannot be used to satisfy the homestead or exempt-property allowance. If the devise is merely general, that protection does not apply in the same way. This is about those two allowances specifically. It does not mean a specific gift is insulated from every estate obligation.

Why the word “my” mattered

The Court of Appeals held the gift was a specific devise, not a general one, and its reasoning went beyond any single word. The court noted that Neal left the property itself rather than an equivalent dollar value; that a categorical description (“my household furniture,” “my jewelry”) can still identify specific property; and that the will as a whole showed he intended the beneficiary to receive all of the property within those categories. The testator’s use of “my” before the list reinforced that reading: the word “my” is indicative of a specific devise, and nothing suggested the beneficiary was meant to receive equal value instead of the items themselves (In re Estate of Nielsen).

Because the classification changed, the court reversed the probate court in part and sent the case back to decide the question the label opened up: whether the estate was “otherwise sufficient” under MCL 700.2405(1) to pay the allowances from other assets, which is what determines whether the protection actually applies.

What this means for your own will

You do not need to follow every twist of the litigation to take the practical lesson. The words you choose assign legal consequences, whether you intend them or not.

• Say what you mean, specifically. If you want a particular person to receive particular things, such as the house contents, a vehicle, or jewelry, identifying language (“my …”) helps mark the gift as specific and can protect those items from being consumed by the homestead or exempt-property allowance.
• Decide specific vs. general on purpose. A well-drafted will treats the specific-or-general choice as a deliberate decision, not an accident of phrasing, because the two are treated differently when the estate is squeezed.
• Coordinate any personal-property memorandum with the will. Michigan lets you use a separate list for tangible personal property. In Nielsen the probate court leaned on the possibility of such a memorandum to call the gift general, but the Court of Appeals rejected that reasoning, because the decedent never actually made one and the will otherwise showed the categories were meant for the beneficiary (In re Estate of Nielsen). The practical point is to make sure your will and any memorandum say the same thing, so no one has to guess.
• Coordinate the gift with the allowances. Household goods, furniture, and vehicles are exactly the categories the exempt-property allowance covers, so gifts of those items deserve extra attention.
• Revisit the will after major life changes. Marriage, divorce, a death in the family, or a big change in assets can all change how a gift plays out. A plan that made sense years ago may not do what you now expect.

Frequently asked questions

What is the difference between a specific gift and a general gift in a Michigan will?

A specific gift (a specific devise) leaves a particular, identified item, like your car or your engagement ring. A general gift (a general devise) leaves a quantity or value that can come from the estate’s general assets, such as a specific dollar amount. Michigan treats the two differently when the estate has to satisfy family allowances.

Does the word “my” really change how a gift in a will is treated?

It was one of several reasons the gift was treated as specific in the Nielsen case. The Court of Appeals pointed to the testator’s use of “my” before the list of items and quoted precedent that the word “my” is indicative of a specific devise, alongside the facts that he gave the property itself rather than its value and that the will showed he meant those categories for the beneficiary. Language is not the only factor a court looks at, but it carries real weight.

What is Michigan’s exempt-property allowance?

Under MCL 700.2404, a surviving spouse, or if there is no surviving spouse, the decedent’s eligible children jointly, can claim certain household furniture, furnishings, appliances, automobiles, and personal effects from the estate. The statute sets a $10,000 base amount that is adjusted annually for inflation under MCL 700.1210. For a decedent dying in 2026, the adjusted amount is $20,000.

Can a separate personal-property list cause problems in Michigan?

A memorandum for tangible personal property is a useful, statute-authorized tool. The lesson from Nielsen is to coordinate it with your will. There, the probate court leaned on the possibility of a later memorandum to treat the gift as general, but the Court of Appeals rejected that, because the decedent never made one and the will otherwise showed his intent. Keep your will and any memorandum consistent so no one has to guess which controls.

Should I have my will reviewed after a divorce?

Yes. A divorce changes both your wishes and the legal defaults that apply to your estate. Whatever your will said before, it is worth a fresh look to confirm it still does what you want.