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MI HB4034

Bill

Status

Engrossed

4/23/2025

Primary Sponsor

Douglas Wozniak

Click for details

Origin

House of Representatives

103rd Legislature

AI Summary

  • Amends Michigan's Uniform Statutory Rule Against Perpetuities to clarify that nonvested property interests or powers of appointment arising from transfers to previously funded trusts are created when the original contribution was made, except for interests subject to the Personal Property Trust Perpetuities Act

  • Applies the standard rule against perpetuities (Section 2) to interests or powers created by exercising a "second power" under the Personal Property Trust Perpetuities Act, using a 360-year period instead of the standard 90-year period

  • Updates date references from "the effective date of this act" to the specific date of December 26, 1988 for determining when the act applies to nonvested property interests and powers of appointment

  • Allows courts to reform dispositions created before December 27, 1988 that violate the pre-existing rule against perpetuities, approximating the transferor's intended distribution plan

  • Contains a tie bar with HB 4033'25, meaning both bills must be enacted together to take effect

Legislative Description

Probate: trusts; uniform statutory rule against perpetuities; revise to reflect limitation of the personal property trust perpetuities act to certain property. Amends secs. 3 & 5 of 1988 PA 418 (MCL 554.73 & 554.75). TIE BAR WITH: HB 4033'25

Property: other

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety

4/29/2025

Committee Referrals

Civil Rights, Judiciary, And Public Safety4/29/2025
Judiciary1/28/2025

Full Bill Text

No bill text available