reglab/housing_qa huggingface dataset:
MI Comp L § 700.3712 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3712 - Improper Exercise of Power; Breach of Fiduciary Duty.

700.3712 Improper exercise of power; breach of fiduciary duty. Sec. 3712.  If the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The right of purchasers and others dealing with a personal representative shall be determined as provided in sections 3713 and 3714. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3714 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3714 - Persons Dealing With Personal Representative; Protection.

700.3714 Persons dealing with personal representative; protection. Sec. 3714.  (1) A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised a power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise.  (2) Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in section 3504, a provision in a will or court order purporting to limit a personal representative's power is not effective except as to a person with actual knowledge of the limit.  (3) A person is not bound to see to the proper application of estate property paid or delivered to a personal representative.  (4) The protection under this section extends to instances in which a procedural irregularity or jurisdictional defect occurs in a proceeding leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection under this section does not substitute for the protection provided by a comparable provision of law relating to a commercial transaction or a law simplifying a transfer of securities by a fiduciary. Nothing in this section discharges a lien for transfer taxes that may affect title to estate property. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3716 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3716 - Powers and Duties of Successor Personal Representative.

700.3716 Powers and duties of successor personal representative. Sec. 3716.  A successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor personal representative shall not exercise a power expressly made personal to the personal representative named in the will. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3717 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3717 - Corepresentatives; Concurrence.

700.3717 Corepresentatives; concurrence. Sec. 3717.  If 2 or more persons are appointed personal corepresentatives and unless the will provides otherwise, the concurrence of all is required on an act connected with the estate's administration or distribution. This restriction does not apply if a personal corepresentative receives and gives a receipt for property due the estate, if the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or if a personal corepresentative has been delegated to act for the other. If actually unaware that another also has been appointed to serve or if advised by the personal representative with whom the person deals that 1 personal representative alone has authority to act for a reason mentioned in this section, a person dealing with a personal corepresentative is as fully protected as if the personal corepresentative with whom the person deals is the sole personal representative. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3718 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3718 - Powers of Surviving Personal Representative.

700.3718 Powers of surviving personal representative. Sec. 3718.  Unless the will provides otherwise, each power exercisable by personal corepresentatives may be exercised by the 1 or more remaining personal corepresentatives after the appointment of 1 or more is terminated. Unless the will provides otherwise, if 1 of 2 or more persons nominated as personal corepresentatives is not appointed, those or the 1 appointed may exercise all the powers incident to the office. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3719 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3719 - Compensation of Personal Representative.

700.3719 Compensation of personal representative. Sec. 3719.  (1) A personal representative is entitled to reasonable compensation for services performed. A personal representative may pay the personal representative's own compensation periodically as earned without prior court approval.  (2) If an attorney serves as personal representative, the attorney shall maintain time records that state the identity of the person performing personal representative services, the date the services are performed, the amount of time expended in performing the services, and a brief description of the services. Upon request of an interested person affected by payment of personal representative fees, the attorney shall send the time records to the interested person.  (3) If a will provides for the personal representative's compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written contract between the decedent and the personal representative regarding compensation for estate settlement services is binding on the personal representative.  (4) A personal representative also may renounce the right to all or a part of the compensation. A written renunciation of fee may be filed with the court and shall be served on all affected interested persons. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3720 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3720 - Expenses in Estate Litigation.

700.3720 Expenses in estate litigation. Sec. 3720.  If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees incurred. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3721 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)|Section 700.3721 - Employment of Agents and Compensation of Personal Representatives and Employees of Estate; Proceedings for Review.

700.3721 Employment of agents and compensation of personal representatives and employees of estate; proceedings for review. Sec. 3721.  After notice to all interested persons, on petition of an interested person, on appropriate motion if administration is supervised, or on the court's own motion, the court may review the propriety of employment of a person by a personal representative, including, but not limited to, an attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of such a person's compensation, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services. If the court determines that a person received excessive compensation from an estate for services rendered, the court shall order the person to pay an appropriate refund and may include in the refund amount interest and penalties as the court considers just. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3801 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3801 - Notice of Creditors.

700.3801 Notice of creditors.Sec. 3801.  (1) Unless notice has already been given, upon appointment a personal representative shall publish, and a special personal representative may publish, a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice's publication or be forever barred. A personal representative who has published notice shall also send, within the time prescribed in subsection (2), a copy of the notice or a similar notice to each estate creditor whom the personal representative knows at the time of publication or during the 4 months following publication and to the trustee of a trust described in section 7605(1) as to which the decedent is settlor. For purposes of this section, the personal representative knows a creditor of the decedent if the personal representative has actual notice of the creditor or the creditor's existence is reasonably ascertainable by the personal representative based on an investigation of the decedent's available records for the 2 years immediately preceding death and mail following death.  (2) Notice to a known creditor of the estate shall be given within the following time limits:  (a) Within 4 months after the date of the publication of notice to creditors.  (b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.  (3) If the personal representative or the attorney for the estate in good faith believes that notice to a creditor of the estate is or may be required by this section, and if the personal representative gives notice based on that belief, neither the personal representative nor the attorney is liable to any person for having given notice.  (4) If the personal representative or the attorney for the estate in good faith believes that notice to a person is not required by this section and if the personal representative fails to give notice to that person based on that belief, neither the personal representative nor the attorney is personally liable to any person for the failure to give notice. Liability, if any, for failure to give notice is on the estate. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
MI Comp L § 700.3802 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3802 - Statute of Limitations.

700.3802 Statute of limitations. Sec. 3802.  (1) Unless an estate is insolvent, the personal representative, with the consent of all interested persons whose interests would be affected, may waive a statute of limitations defense available to the estate. If a statute of limitations defense is not waived, a claim that was barred by a statute of limitations at the time of the decedent's death shall not be allowed or paid.  (2) The running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent's death but resumes after that time as to a claim not barred under this part.  (3) For purposes of a statute of limitations, the proper presentation of a claim under section 3804 is equivalent to commencement of a proceeding on the claim. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3803 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3803 - Limitations on Time for Presentation of Claims.

700.3803 Limitations on time for presentation of claims.Sec. 3803.  (1) A claim against a decedent's estate that arose before the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, if not barred earlier by another statute of limitations or nonclaim statute, is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits:  (a) If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state.  (b) For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.  (c) If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.  (2) A claim against a decedent's estate that arises at or after the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, is barred against the estate, the personal representative, and the decedent's heirs and devisees, unless presented within 1 of the following time limits:  (a) For a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due.  (b) For a claim to which subdivision (a) does not apply, within 4 months after the claim arises or the time specified in subsection (1)(a), whichever is later.  (3) This section does not affect or prevent any of the following:  (a) A proceeding to enforce a mortgage, pledge, or other lien on estate property.  (b) A proceeding to establish the decedent's or the personal representative's liability for which the decedent or the personal representative is protected by liability insurance to the insurance protection limits only.  (c) Collection of compensation for services rendered and reimbursement of expenses advanced by the personal representative or by an attorney, auditor, investment adviser, or other specialized agent or assistant for the personal representative of the estate. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
MI Comp L § 700.3805 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3805 - Priority of Claim Payments; Insufficient Assets.

700.3805 Priority of claim payments; insufficient assets.Sec. 3805.  (1) If the applicable estate property is insufficient to pay all claims and allowances in full, the personal representative shall make payment in the following order of priority:  (a) Costs and expenses of administration.  (b) Reasonable funeral and burial expenses.  (c) Homestead allowance.  (d) Family allowance.  (e) Exempt property.  (f) Debts and taxes with priority under federal law, including, but not limited to, medical assistance payments that are subject to adjustment or recovery from an estate under section 1917 of the social security act, 42 USC 1396p.  (g) Reasonable and necessary medical and hospital expenses of the decedent's last illness, including a compensation of persons attending the decedent.  (h) Debts and taxes with priority under other laws of this state.  (i) All other claims.  (2) A preference shall not be given in the payment of a claim over another claim of the same class, and a claim due and payable is not entitled to a preference over a claim not due.  (3) If there are insufficient assets to pay all claims in full or to satisfy homestead allowance, family allowance, and exempt property, the personal representative shall certify the amount and nature of the deficiency to the trustee of a trust described in section 7605(1) for payment by the trustee in accordance with section 7606. If the personal representative is aware of other nonprobate transfers that may be liable for claims and allowances, then, unless the will provides otherwise, the personal representative shall proceed to collect the deficiency in a manner reasonable under the circumstances so that each nonprobate transfer, including those made under a trust described in section 7605(1), bears a proportionate share or equitable share of the total burden. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2007, Act 73, Imd. Eff. Sept. 30, 2007 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
MI Comp L § 700.3807 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3807 - Payment of Claims.

700.3807 Payment of claims.Sec. 3807.  (1) Upon the expiration of 4 months after the publication date of the notice to creditors, and after providing for administration costs and expenses, for reasonable funeral and burial expenses, for the homestead, family, and exempt property allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration, the personal representative shall pay the claims allowed against the estate in the order of priority as provided in this act. A claimant whose claim has been allowed, but not paid as provided in this section, may petition the court to secure an order directing the personal representative to pay the claim to the extent that property of the estate is available for the payment.  (2) The personal representative may pay a claim that is not barred at any time, with or without formal presentation, but is individually liable to another claimant whose claim is allowed and who is injured by the payment if either of the following occurs:  (a) Payment is made before the expiration of the time limit stated in subsection (1) and the personal representative fails to require the payee to give adequate security for the refund of any of the payment necessary to pay another claimant.  (b) Payment is made, due to the negligence or willful fault of the personal representative, in a manner that deprives the injured claimant of priority.  (3) If a claim is allowed, but the claimant's whereabouts are unknown at the time the personal representative attempts to pay the claim, upon petition by the personal representative and after notice that the court considers advisable, the court may disallow the claim. If the court disallows a claim under this subsection, the claim is barred. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2016, Act 490, Eff. Apr. 6, 2017 Popular Name: EPIC
MI Comp L § 700.3808 (2021)
2021 Michigan Compiled Laws|Chapter 700 - Estates and Protected Individuals Code|Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)|Article III - Probate of Wills and Administration (700.3101...700.3988)|386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)|Section 700.3808 - Individual Liability of Personal Representative.

700.3808 Individual liability of personal representative. Sec. 3808.  (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal his or her representative capacity and to identify the estate in the contract.  (2) A personal representative is individually liable for an obligation arising from ownership or control of the estate or for a tort committed in the course of estate administration only if the personal representative is personally at fault.  (3) A claim based on a contract entered into by a personal representative in the personal representative's fiduciary capacity, on an obligation arising from ownership or control of the estate, or on a tort committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable.  (4) An issue of liability between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or in another appropriate proceeding. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC