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MI SB0897

Bill

Status

Introduced

10/14/2009

Primary Sponsor

Gretchen Whitmer

Click for details

Origin

Senate

95th Legislature

AI Summary

  • Expands the definition of "abuse, neglect, or exploitation" to include intentional 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 abusing, neglecting, or exploiting a decedent forfeit all benefits from the decedent's estate, including intestate shares, elective shares, homestead allowances, family allowances, and exempt property.

  • Revokes any revocable dispositions, appointments of property, powers of appointment, and fiduciary nominations made in favor of the convicted individual, treating them as if they predeceased the decedent.

  • Requires written notice to payors and third parties using registered or certified mail and establishes a 7-business-day window before they become liable for payments made after notice of a claimed forfeiture or revocation.

  • Allows payors to deposit disputed amounts with the county treasurer pending court determination of forfeiture claims, discharging the payor from liability for amounts paid to the county treasurer.

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 Senior Citizens And Veterans Affairs

10/14/2009

Committee Referrals

Senior Citizens & Veterans Affairs10/14/2009

Full Bill Text

No bill text available