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MI SB1056

Bill

Status

Introduced

6/7/2018

Primary Sponsor

Judith Emmons

Click for details

Origin

Senate

99th Legislature

AI Summary

SB 1056 Summary

  • Establishes legal framework for posthumously conceived children through assisted reproduction and gestational agreements, allowing them to inherit from deceased parents' estates if proper notice requirements are met within specified timeframes (36 months in utero, 45 months after birth).

  • Adds comprehensive definitions and parent-child relationship rules for children born through assisted reproduction and gestational carriers, including requirements that genetic material notices be published with creditor notices and provided to fiduciaries within 9 months of death.

  • Modifies will execution procedures to allow notarization as alternative to witness attestation and permits self-proving wills through non-sworn statements under penalty of perjury, streamlining probate processes.

  • Expands personal representative and trustee powers to account for potential posthumous children when distributing estates, and protects fiduciaries from liability for distributions made before receiving notice of genetic material availability.

  • Extends statute of limitations for posthumously conceived children to recover improperly distributed estate property from 3 years to 4 years after decedent's death, providing additional time to assert inheritance rights.

Legislative Description

Probate; wills and estates; procedures related to child born as a result of assisted reproduction or a gestational agreement; modify. Amends secs. 2103, 2104, 2114, 2502, 2504, 2707, 3406, 3715, 3908, 3957, 7817 & 7821 of 1998 PA 386 (MCL 700.2103 et seq.); adds secs. 1215, 1216, 1217, 2810 & 2811 & pt. 1A of art. II & repeals secs. 2108 & 7104 of 1998 PA 386 (MCL 700.2108 & 700.7104).

Probate: wills and estates

Last Action

Referred To Committee On Families, Seniors And Human Services

6/7/2018

Committee Referrals

Families, Seniors And Human Services6/7/2018

Full Bill Text

No bill text available