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MI HB5758

Bill

Status

Introduced

2/16/2022

Primary Sponsor

Sarah Lightner

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Amends Michigan's Estates and Protected Individuals Code (1998 PA 386) to allow signing and witnessing of wills, disclaimers, power of attorney documents, and other specified estate planning documents via 2-way real-time audiovisual technology.

  • Requires the audiovisual interaction be recorded and preserved for at least 3 years, with signatory and witnesses able to see and hear each other contemporaneously during execution.

  • Mandates signatories show all title and signature pages clearly legible on the audiovisual technology, state which document is being executed, have signing captured up close, and transmit a legible copy to witnesses within 72 hours for witness signatures.

  • Removes the sunset date of July 1, 2021, making the electronic signing and witnessing provisions permanent rather than temporary, while maintaining the April 30, 2020 effective date.

  • Establishes a presumption of compliance with the requirements and creates a safe harbor protecting good-faith reliers on documents executed under these provisions from having their rights impaired based solely on non-compliance.

Legislative Description

Probate: other; allowing electronic signing and witnessing of certain documents under certain conditions; eliminate sunset.

Probate: wills and estates

Last Action

Bill Electronically Reproduced 02/16/2022

2/17/2022

Committee Referrals

Judiciary2/16/2022

Full Bill Text

No bill text available