Loading chat...
MI SB0980
Bill
AI Summary
-
Amends Michigan's law on powers of appointment by revising definitions and exercise requirements in the 1967 Property Powers Act (MCL 556.112-556.130)
-
Adds new Section 5a authorizing trustees of irrevocable trusts with discretionary distribution powers to appoint trust property to a second trust, subject to specified conditions protecting beneficiary interests and tax qualification status
-
Modifies rules for failed special power exercises to specify that property passes according to the original trust terms if the power was created through exercise of a discretionary power under the new Section 5a
-
Clarifies that when a second power of appointment is created by exercising a presently exercisable general power, the second power's creation date is the exercise date rather than the original power's creation date, affecting perpetuities calculations
-
Applies EPIC Section 2603 rules when a testamentary power of appointment exercise fails due to the appointee's prior death
Legislative Description
Probate; trusts; powers of appointment; revise. Amends secs. 2, 5, 12, 14 & 20 of 1967 PA 224 (MCL 556.112 et seq.) & adds sec. 5a.
Probate, wills and estates
Last Action
Assigned Pa 0485'12 With Immediate Effect
12/31/2012