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MI HB5195

Bill

Status

Introduced

7/14/2009

Primary Sponsor

Lesia Liss

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Expands the definition of "abuse, neglect, or exploitation" to include intentional acts that are felonies under Michigan Penal Code Chapter XXA, violations of MCL 750.174a, domestic violence offenses, child abuse under MCL 750.136b, and criminal abuse under the Social Welfare Act.

  • Individuals convicted of committing abuse, neglect, or exploitation against a decedent forfeit all benefits from the decedent's estate, including intestate shares, elective shares, homestead allowances, and exempt property.

  • Revokes all revocable dispositions, powers of appointment, and fiduciary nominations made to the offender in the decedent's governing instruments, and severs joint tenancy interests held by the decedent and offender, converting them to tenancies in common.

  • Requires written notice of a claimed forfeiture or revocation to be provided to third parties via registered or certified mail or civil summons; third parties have no liability for payments made before receiving notice or more than 7 business days after receiving notice.

  • Allows third parties receiving notice to pay disputed amounts to the county treasurer, which discharges their liability; the county treasurer holds funds pending court determination and disburses according to the court's decision under Section 2803.

Legislative Description

Probate; wills and estates; forfeiture and revocation of benefits for individuals who abused, neglected, or exploited decedent; provide for. Amends secs. 2802, 2803 & 2804 of 1998 PA 386 (MCL 700.2802 et seq.).

Probate, wills and estates

Last Action

Referred To Committee On Judiciary

3/2/2010

Committee Referrals

Judiciary3/2/2010
Senior Health, Security, And Retirement7/14/2009

Full Bill Text

No bill text available