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MI HB5758
Bill
Status
2/16/2022
Primary Sponsor
Sarah Lightner
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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