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MI HB5638

Bill

Status

Introduced

5/11/2016

Primary Sponsor

Peter Lucido

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Origin

House of Representatives

98th Legislature

AI Summary

  • Adds new subsection (4) allowing a decedent to expressly exclude or limit the right of non-minor or non-dependent adult children to claim exempt property from the estate through a will or signed writing.

  • Requires that any exclusion or limitation must be expressly stated by the decedent and specifically reference the exempt property allowance described in section 2404 to clearly express the decedent's intent.

  • Clarifies that a general disinheritance clause under section 2101 is not sufficient by itself to exclude or limit the exempt property rights of adult children without additional specific language.

  • Preserves surviving spouses' and minor/dependent children's rights to claim up to $10,000 in household furniture, automobiles, furnishings, appliances, and personal effects from the estate.

  • Takes effect 90 days after enactment.

Legislative Description

Probate; wills and estates; exempt property; allow decedent to exclude adult child by written instrument. Amends sec. 2404 of 1998 PA 386 (MCL 700.2404).

Probate: wills and estates

Last Action

Referred To Second Reading

12/6/2016

Committee Referrals

Judiciary5/11/2016

Full Bill Text

No bill text available