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MI HB5814
Bill
Status
6/12/2024
Primary Sponsor
Donni Steele
Click for details
AI Summary
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Amends MCL 700.3912 to clarify that a purchaser or lender acquiring property from a distributee takes title free of estate creditor claims and incurs no personal liability, regardless of whether the distribution was proper or the personal representative's authority had terminated.
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Changes pronoun references from "himself or herself" and "his or her" to "the personal representative's own self" and "that person's" for inclusive language in describing distributions where a personal representative is also a distributee.
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Corrects statutory references from 1966 PA 135 to 1966 PA 134 (MCL 207.505) and removes reference to the state real estate transfer tax act (1993 PA 330), which is being repealed, with a technical carve-out for instruments recorded when that act was in effect.
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Establishes that a recorded instrument without a noted exemption is prima facie evidence that a transfer was made for value, while preserving existing limitations on title protection regarding Michigan estate tax liens.
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Makes this amendment effective only upon enactment of Senate Bill No. ____ or House Bill No. 5811, creating a conditional effective date tied to related legislation.
Legislative Description
Probate: other; prima facie evidence that transfer is made for value; modify to reflect repeal of the state real estate transfer tax act. Amends sec. 3912 of 1998 PA 386 (MCL 700.3912). TIE BAR WITH: HB 5811'24
Probate: other
Last Action
Bill Electronically Reproduced 06/12/2024
6/13/2024