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MI HB6468
Bill
Status
11/7/2018
Primary Sponsor
Peter Lucido
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AI Summary
HB 6468 Summary
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Increases dollar thresholds throughout the Estates and Protected Individuals Code for various probate procedures, effective January 1, 2019, with cost-of-living adjustments required annually thereafter (e.g., increasing thresholds from $5,000-$15,000 to $25,000 in sections covering small estates, distributions to minors, and fiduciary deposits).
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Adds new section 5301c establishing "standby guardians" who can assume guardianship duties when the primary guardian becomes unavailable due to death, incapacity, or court removal, with automatic succession upon the guardian's unavailability without additional court proceedings.
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Updates language throughout the code by replacing archaic terms ("shall") with modern equivalents ("must") and modernizes definitions, including changing "husband or wife" to "spouse" in section 2806 to reflect contemporary family law.
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Modifies section 5310 to allow persons appointed by will or other writing under section 5301 to petition the court regarding guardianship changes, with protections against interference with such requests.
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Repeals section 2722 and makes the bill contingent upon enactment of a companion bill (HB 6471 or SB request 06614'18), indicating coordinated probate law reform.
Legislative Description
Probate; other; general amendments to the estates and protected individuals code; provide for. Amends secs. 1106, 1210, 2519, 2806, 3605, 3916, 3917, 3918, 3959, 3981, 3982, 3983, 5102, 5301, 5310, 5313 & 5314 of 1998 PA 386 (MCL 700.1106 et seq.); adds sec. 5301c & repeals sec. 2722 of 1998 PA 386 (MCL 700.2722). TIE BAR WITH: HB 6471'18
Probate: other
Last Action
Bill Electronically Reproduced 11/07/2018
11/8/2018