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MI SB0980

Bill

Status

Passed

12/31/2012

Primary Sponsor

Rick Jones

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Origin

Senate

96th Legislature

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

Committee Referrals

Judiciary2/23/2012

Full Bill Text

No bill text available