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MI HB5638
Bill
Status
5/11/2016
Primary Sponsor
Peter Lucido
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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