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MI HB5504

Bill

Status

Passed

12/13/2016

Primary Sponsor

Klint Kesto

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Amends Michigan's Uniform Fraudulent Transfer Act (1998 PA 434) to add definitions and modify provisions related to qualified dispositions in trust.

  • Expands the definition of "transfer" to exclude dispositions of assets held in irrevocable grantor trusts when the trustee exercises discretionary authority to reimburse the grantor for taxes on trust income.

  • Establishes that qualified dispositions are fraudulent only if made with actual intent to hinder, delay, or defraud creditors, regardless of whether the creditor's claim arose before or after the disposition.

  • Sets statute of limitations for actions regarding qualified dispositions according to the Qualified Dispositions in Trust Act, rather than the standard fraudulent transfer timelines.

  • Effective March 8, 2017, conditional on Senate Bill 597 of the 98th Legislature being enacted into law.

Legislative Description

Civil procedure; statute of limitations; limitations period under uniform fraudulent transfer act for action relating to qualified dispositions in trust act; modify. Amends secs. 1, 4 & 9 of 1998 PA 434 (MCL 566.31 et seq.).

Probate: other

Last Action

Assigned Pa 331'16 With Immediate Effect

12/13/2016

Committee Referrals

Judiciary3/22/2016

Full Bill Text

No bill text available