reglab/housing_qa huggingface dataset:
MI Comp L § 700.3809 (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 700.3809 - Secured Claims.

700.3809 Secured claims. Sec. 3809.  A personal representative shall pay a secured claim on the basis of the amount allowed if the creditor surrenders the security. Otherwise, the personal representative shall pay on the basis of 1 of the following:  (a) If the creditor exhausts the security before receiving payment, upon the amount of the claim allowed less the fair value of the security.  (b) If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement under which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise, or litigation. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3810 (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 700.3810 - Claims Not Due and Contingent or Unliquidated Claims.

700.3810 Claims not due and contingent or unliquidated claims. Sec. 3810.  (1) This section applies to a claim that will become due at a future time, a contingent claim, and an unliquidated claim.  (2) If a claim becomes due or certain before distribution of the estate and if the claim has been allowed or established by a proceeding, the claim shall be paid in the same manner as a presently due and absolute claim of the same class.  (3) For a claim not covered by subsection (2), the personal representative or, on the personal representative's or claimant's petition in a proceeding for the purpose, the court may provide for payment in 1 of the following manners:  (a) If the claimant consents, the claimant may be paid the claim's present or agreed value, taking any uncertainty into account.  (b) Arrangement for future payment, or possible payment, on the happening of a contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3811 (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 700.3811 - Counterclaims.

700.3811 Counterclaims. Sec. 3811.  In allowing a claim, the personal representative may deduct a counterclaim that the estate has against the claimant. In determining a claim against an estate, the court shall reduce the amount allowed by the amount of a counterclaim and, if counterclaims exceed the claim, render a judgment against the claimant in the excess amount. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3812 (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 700.3812 - Limitation on Execution or Levy Against Property of Estate.

700.3812 Limitation on execution or levy against property of estate. Sec. 3812.  An execution shall not issue upon nor shall a levy be made against estate property under a judgment against a decedent or personal representative. This section shall not be construed to prevent the enforcement of a mortgage, pledge, or lien upon property in an appropriate proceeding. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3813 (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 700.3813 - Settlement of Claims.

700.3813 Settlement of claims. Sec. 3813.  If a claim against the estate is presented in the manner provided in section 3804 and it appears to be in the estate's best interest, the personal representative may settle the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3814 (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 700.3814 - Encumbered Assets.

700.3814 Encumbered assets. Sec. 3814.  If property of the estate is encumbered by mortgage, pledge, lien, or other security interest and it appears to be in the estate's best interest, the personal representative may pay the encumbrance or a part of the encumbrance, renew or extend an obligation secured by the encumbrance, or convey or transfer the property to the creditor in satisfaction of the lien, in whole or in part, whether or not the encumbrance holder has presented a claim. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered property unless the distributee is entitled to exoneration. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3815 (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 700.3815 - Effect of Administration in More Than One State.

700.3815 Effect of administration in more than one state. Sec. 3815.  (1) Estate property being administered in this state is subject to a claim, allowance, or charge existing or established against the personal representative wherever appointed.  (2) If the estate, either in this state or as a whole, is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges, and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed, either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of the claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the benefited creditor shall receive dividends from property located in this state only upon the balance of the claim after deducting the amount of the benefit.  (3) If the family exemptions, allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered in separate states and if this state is not the state of the decedent's last domicile, a claim allowed in this state shall be paid from property located in this state if that property is adequate for the purpose, and after that payment, the balance of that property shall be transferred to the domiciliary personal representative. If local property located in this state is not sufficient to pay all claims allowed in this state, that property shall be marshaled so that each claim allowed in this state shall be paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from property in other jurisdictions. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3901 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3901 - Successors' Rights in Absence of Administration.

700.3901 Successors' rights in absence of administration. Sec. 3901.  In the absence of administration, the decedent's heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. A devisee may establish title by the probated will to devised property. An individual entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent's ownership, the decedent's death, and the individual's relationship to the decedent. A successor takes subject to charges for administration, including the creditors' claims and the surviving spouse's and dependent children's allowances, and subject to the rights of others resulting from abatement, retainer, advancement, or ademption. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3902 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3902 - Distribution; Order in Which Assets Appropriated; Abatement.

700.3902 Distribution; order in which assets appropriated; abatement. Sec. 3902.  (1) Subject to subsections (2) and (3) and except as provided in section 2301(3) or 2302(1)(b)(iv), distributees' shares abate, without a preference or priority between real and personal property, in the following order:  (a) Property not disposed of by the will.  (b) Residuary devises.  (c) General devises.  (d) Specific devises.  (2) For purposes of abatement, a general devise charged on specific property is a specific devise to the extent of the value of that specific property and, upon the failure or insufficiency of the property on which the devise is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amount of property each beneficiary would have received if full distribution of the property had been made in accordance with the terms of the will.  (3) If the will expresses a different order of abatement, the will controls. If the testamentary plan or the devise's express or implied purpose would be defeated by the order of abatement stated in subsection (1), the distributees' shares abate as found necessary to give effect to the testator's intention.  (4) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3903 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3903 - Indebtedness; Set-Off.

700.3903 Indebtedness; set-off. Sec. 3903.  The amount of a successor's noncontingent indebtedness to the estate if due, or its present value if not due, shall be offset against the successor's interest. However, the successor has the benefit of a defense that would be available to the successor in a direct proceeding for recovery of the debt. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3904 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3904 - Interest on General Pecuniary Devise.

700.3904 Interest on general pecuniary devise. Sec. 3904.  Unless a contrary intent is indicated by the will, a general pecuniary devise bears interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3905 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3905 - Penalty Clause for Contest.

700.3905 Penalty clause for contest. Sec. 3905.  In accordance with section 2518, a provision in a will purporting to penalize an interested person for contesting the will or instituting another proceeding relating to the estate shall not be given effect if probable cause exists for instituting a proceeding contesting the will or another proceeding relating to the estate. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3906 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3906 - Distribution in Kind; Valuation; Method.

700.3906 Distribution in kind; valuation; method. Sec. 3906.  (1) Unless the will indicates a contrary intention, the distributable property of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:  (a) A specific devisee is entitled to distribution of the property devised to him or her, and a spouse or child who selects particular estate property as provided in section 2404 shall receive the property selected.  (b) A homestead or family allowance, or devise of a stated sum of money, may be satisfied in kind provided all of the following are true:  (i) The person entitled to the payment does not demand payment in cash.  (ii) The property distributed in kind is valued at fair market value as of its distribution date.  (iii) A residuary devisee does not request that the property in question remain a part of the estate residue.  (c) The residuary estate may be distributed in any equitable manner.  (2) Property described in subsection (1)(b) shall be valued in accordance with the following:  (a) A security regularly traded on recognized exchanges, if distributed in kind, is valued at the price for the last sale of like securities traded on the business day before distribution or, if there was no sale on that day, at the median between amounts bid and offered at the close of that day.  (b) Property consisting of money owed the decedent or the estate by a solvent debtor as to which there is no known dispute or defense is valued at the amount due with accrued interest or discounted to the distribution date.  (c) Property that does not have a readily ascertainable value is valued as of a date not more than 28 days before the distribution date, if otherwise reasonable.  (d) For purposes of facilitating distribution, the personal representative may ascertain property value as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the property may have been previously appraised. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3907 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3907 - Pecuniary Bequests and Trust Interests.

700.3907 Pecuniary bequests and trust interests. Sec. 3907.  (1) This section governs a distribution in kind in satisfaction, wholly or partly, of a pecuniary bequest or transfer in trust of a pecuniary amount.  (2) Whether a devise or transfer in trust is pecuniary in character depends upon the testator's or settlor's intention.  (3) If the fiduciary elects to satisfy wholly or partly in kind a pecuniary devise or transfer in trust of a pecuniary amount, unless the governing instrument otherwise expressly provides, the property the fiduciary selects for that purpose shall be valued at its value on the distribution date.  (4) If a will or a trust agreement requires the personal representative or trustee to value the property the fiduciary selects for distribution as of a date other than the distribution date, unless the governing instrument otherwise expressly provides, the property selected to satisfy the pecuniary devise or transfer in trust, together with any cash distributed, shall have an aggregate value on the distribution date amounting to not less than, and to the extent practicable to not more than, the amount of the devise or transfer in trust as stated in, or determined by, the formula stated in the governing instrument.  (5) As used in this section, "pecuniary bequest" and "transfer in trust of a pecuniary amount" mean a devise in a will or a transfer under a trust agreement to, or for the benefit of, the testator's or settlor's spouse of a specific amount of money which amount is either expressly stated in the instrument or determinable by means of a formula that is stated in the instrument. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3908 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3908 - Proposed Distribution.

700.3908 Proposed distribution. Sec. 3908.  After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of a distributee to object to the proposed distribution on the basis of the kind or value of property the distributee is to receive, if not waived earlier in writing, terminates if the distributee fails to object in a writing received by the personal representative within 28 days after mailing or delivery of the proposal. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3909 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3909 - Distribution in Kind; Evidence.

700.3909 Distribution in kind; evidence. Sec. 3909.  If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the property to the distributee as evidence of the distributee's title to the property. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3910 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3910 - Distribution; Right or Title of Distributee.

700.3910 Distribution; right or title of distributee. Sec. 3910.  Proof that a distributee has received an instrument or deed of distribution of property in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed property, as against all persons interested in the estate, except that the personal representative may recover the property or its value if the distribution was improper. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.3911 (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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)|Section 700.3911 - Improper Distribution; Liability of Distributee.

700.3911 Improper distribution; liability of distributee. Sec. 3911.  Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property that is improperly distributed or paid, or a claimant that is improperly paid, is liable to return the property improperly received and its income since distribution if the recipient has the property. If the recipient does not have the property, then the recipient is liable to return the value as of the disposition date of the property improperly received and its income and gain received by the recipient. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC