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MI HB6071

Bill

Status

Introduced

11/30/2016

Primary Sponsor

Gretchen Driskell

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Origin

House of Representatives

98th Legislature

AI Summary

  • Amends section 2801 of Michigan's Estates and Protected Individuals Code to replace the term "husband and wife" with "married couple" in references to marital status.

  • Clarifies that individuals divorced from or whose marriage was annulled to the decedent are not surviving spouses unless they subsequently remarry the decedent.

  • Excludes from surviving spouse status individuals who obtained invalid divorces or annulments not recognized in Michigan, unless they later participate in a marriage ceremony or live together as a married couple with the decedent.

  • Disqualifies as surviving spouses individuals who were in bigamous relationships at the time of the decedent's death or who were willfully absent, deserted, or refused to provide required support for one year or more before death.

  • Specifies that surviving spouses are also excluded from certain estate rights under section 3206 if they were parties to active divorce or annulment proceedings with the decedent at the time of death.

Legislative Description

Probate; wills and estates; reference to "husband and wife"; revise to "married couple". Amends sec. 2801 of 1998 PA 386 (MCL 700.2801).

Family law: marriage and divorce

Last Action

Bill Electronically Reproduced 11/30/2016

12/1/2016

Committee Referrals

Judiciary11/30/2016

Full Bill Text

No bill text available