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MI HB5362

Bill

Status

Passed

12/28/2018

Primary Sponsor

Peter Lucido

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Allows trustees to provide a certificate of trust to non-beneficiaries instead of the full trust instrument, containing the trust name, date, trustee names and addresses, trustee powers, revocability status, and cotrust authority.

  • Certificate of trust must be signed or authenticated by the settlor, trustee, or their attorney in affidavit form and state that the trust has not been revoked, modified, or amended in ways that would make the certificate incorrect.

  • Recipients of a certificate of trust may require the trustee to furnish only excerpts from the trust instrument that designate the trustee and confer transaction powers, rather than demanding the complete instrument.

  • Persons acting in good faith reliance on an accurate certificate of trust are protected from liability and may enforce transactions against trust property as if the certificate's representations were correct.

  • Persons who demand the full trust instrument without legal requirement to do so are liable for damages, costs, expenses, and legal fees as determined by the court.

Legislative Description

Probate; trusts; information required in a certificate of trust; modify. Amends sec. 7913 of 1998 PA 386 (MCL 700.7913).

Probate: trusts

Last Action

Assigned Pa 491'18 With Immediate Effect

12/28/2018

Committee Referrals

Judiciary12/13/2017

Full Bill Text

No bill text available