reglab/housing_qa huggingface dataset:
MI Comp L § 700.2805 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809)|Section 700.2805 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2805 Protection of bona fide purchasers; personal liability of recipient. Sec. 2805.  (1) Section 2803 does not obligate a person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, to return the payment, item of property, or benefit, and such a person is not liable under section 2803 for the amount of the payment or the value of the item of property or benefit. However, a person who, not for value, receives a payment, an item of property, or another benefit to which the person is not entitled under section 2803 is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under section 2803.  (2) If this section and sections 2803 and 2804 are, or a part of those sections is, preempted by federal law with respect to a payment, an item of property, or another benefit covered by these sections, a person who, not for value, receives the payment, item of property, or another benefit to which the person is not entitled under these sections is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of the property or benefit, to the person who would have been entitled to it if these sections or a part of these sections were not preempted. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2806 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809)|Section 700.2806 - Definitions Relating to Revocation of Probate and Nonprobate Transfers by Divorce; Revocation by Other Changes of Circumstances.

700.2806 Definitions relating to revocation of probate and nonprobate transfers by divorce; revocation by other changes of circumstances. Sec. 2806.  As used in this section and sections 2807 to 2809:  (a) "Disposition or appointment of property" includes, but is not limited to, a transfer of an item of property or another benefit to a beneficiary designated in a governing instrument.  (b) "Divorce or annulment" means a divorce or annulment, or a dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of section 2801. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section and sections 2807 to 2809.  (c) "Divorced individual" includes, but is not limited to, an individual whose marriage has been annulled.  (d) "Governing instrument" means a governing instrument executed by a divorced individual before the divorce from, or annulment of his or her marriage to, his or her former spouse.  (e) "Relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption, or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption, or affinity.  (f) "Revocable" means, with respect to a disposition, appointment, provision, or nomination, one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of his or her former spouse or former spouse's relative, whether or not the divorced individual was then empowered to designate himself or herself in place of his or her former spouse or in place of his or her former spouse's relative and whether or not the divorced individual then had the capacity to exercise the power. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2809 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809)|Section 700.2809 - Protection of Bona Fide Purchasers; Personal Liability of Recipient.

700.2809 Protection of bona fide purchasers; personal liability of recipient. Sec. 2809.  (1) Section 2807 does not obligate an individual who purchases property from a former spouse, a relative of a former spouse, or another person for value and without notice, or who receives from a former spouse, a relative of a former spouse, or another person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, to return the payment, item of property, or benefit, and such a person is not liable under section 2807 for the amount of the payment or the value of the item of property or benefit. However, a former spouse, relative of a former spouse, or other person who, not for value, received a payment, item of property, or another benefit to which that person is not entitled under section 2807 is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under section 2807.  (2) If this section and sections 2807 and 2808 are, or a part of 1 of those sections is, preempted by federal law with respect to a payment, an item of property, or another benefit covered by these sections, a former spouse, relative of the former spouse, or another person who, not for value, receives a payment, an item of property, or another benefit to which that person is not entitled under these sections is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it if these sections or a part of 1 of these sections were not preempted. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2902 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2902 - Right to Disclaim; Partial Disclaimers; Limitation on Right to Disclaim.

700.2902 Right to disclaim; partial disclaimers; limitation on right to disclaim. Sec. 2902.  (1) A person, or a fiduciary representing a person to whom a disclaimable interest devolves, may disclaim a disclaimable interest in whole or in part. A trustee, with respect to the trust as a whole or with respect to a separate trust that is or will be established under the governing instrument, may disclaim a disclaimable interest, in whole or in part, but only to the extent that the governing instrument expressly gives the trustee the right to disclaim.  (2) A disclaimer may be of a specific asset, an interest in a specific asset, a pecuniary amount, a fractional or percentage share, or a limited interest or estate. A provision in a power of attorney granting the agent the authority to do whatever the principal could do, or words of similar effect, includes the authority to disclaim, unless the authority to disclaim is specifically excluded or limited. Unless the governing instrument is a trust instrument that does not authorize the trustee to disclaim or a power of attorney that denies the agent the authority to disclaim, the right to disclaim exists notwithstanding the existence of either of the following:  (a) A spendthrift provision or similar restriction that limits the interest of the disclaimant.  (b) A restriction or limitation on the right to disclaim contained in the governing instrument.  (3) A fiduciary may disclaim a fiduciary power. The right to disclaim a fiduciary power exists notwithstanding a restriction or limitation on the right to disclaim contained in the governing instrument. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 Popular Name: EPIC
MI Comp L § 700.2903 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2903 - Contents; Signature.

700.2903 Contents; signature. Sec. 2903.  (1) A disclaimer is not valid unless it complies with all of the following:  (a) Is in writing.  (b) Declares the disclaimer.  (c) Describes the disclaimed interest.  (d) Is signed by the disclaimant.  (e) Is delivered as provided in sections 2904, 2905, and 2906.  (2) If a disclaimable interest is disclaimed by a fiduciary on behalf of the person to whom the disclaimable interest devolves, the disclaimer must be signed by all incumbent fiduciaries. Unless the governing instrument requires otherwise, a disclaimer of a disclaimable interest by a trustee may be signed by less than all incumbent trustees. A disclaimer of a fiduciary power by a fiduciary may be signed by less than all incumbent fiduciaries. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2904 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2904 - Delivery; Timing; Appropriate Persons.

700.2904 Delivery; timing; appropriate persons.Sec. 2904.  (1) Except as provided in section 2905, if a disclaimed interest arises under a will or trust created by will, or by the laws of intestacy, the disclaimer must be delivered after the death of the owner of the property and before any event described in section 2910. If a disclaimed interest arises under a will or by the laws of intestacy, the disclaimer must be delivered to the personal representative of the deceased owner's estate. If a disclaimed interest arises under a trust created by will, the disclaimer must be delivered to the trustee of the trust created by will or, if a trustee has not been appointed, to the personal representative of the deceased owner's estate.  (2) Except as provided in section 2905, if a disclaimed interest arises under a governing instrument other than a will or trust created by will, the disclaimer must be delivered after the effective date of the governing instrument and before any event described in section 2910. A disclaimer under this subsection must be delivered in 1 of the following manners:  (a) If the disclaimer is made by a beneficiary of a trust, the disclaimer must be delivered to the trustee.  (b) If the disclaimer is made by a donee with respect to a gift from a living donor, the disclaimer must be delivered to the donor of the gift.  (c) If the disclaimer is made by a beneficiary under a beneficiary designation, the disclaimer must be delivered to the payor.  (d) If the disclaimer is made by a trustee with respect to a separate trust that is or will be established under the governing instrument, the disclaimer must be delivered to another incumbent trustee of that trust who has not disclaimed or to all the beneficiaries of that trust who are then living and whose whereabouts are known or reasonably ascertainable. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
MI Comp L § 700.2905 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2905 - Delivery; Disclaimer Under Power of Appointment; Disclaimer of Joint Property or Fiduciary Power.

700.2905 Delivery; disclaimer under power of appointment; disclaimer of joint property or fiduciary power. Sec. 2905.  (1) A disclaimed interest that is subject to, or arises under, an exercise, release, or lapse of a power of appointment, must comply with the following:  (a) A disclaimer by an appointee must be delivered to the donee, to the personal representative of the donee's estate, or to the fiduciary under the instrument that created the power of appointment. The disclaimer by the appointee must be delivered after the exercise of the power of appointment by the donee and before any event described in section 2910.  (b) A disclaimer by a taker in default must be delivered to the donee, to the fiduciary under the instrument that created the power of appointment, or to 1 of the persons entitled to the property in the event of a disclaimer. The disclaimer by a taker in default may be delivered before or after the lapse or release of the power of appointment, and must be delivered before any event described in section 2910.  (2) If the disclaimed interest arises out of joint property, the disclaimer must be delivered after creation of the joint ownership and before any event described in section 2910, to the person who created the joint property, to a remaining owner who has not disclaimed, or to the person or fiduciary entitled to the disclaimed interest in the event of a disclaimer. The barring of the right to disclaim a present interest under section 2910 does not bar the right to disclaim the future interest.  (3) A fiduciary power may be disclaimed at any time, before or after exercise of the power. The disclaimer must be delivered to the person who established the instrument that gave rise to the power or to 1 of the following:  (a) If the fiduciary is a personal representative, to all the devisees under the will who are then living and whose whereabouts are known or reasonably ascertainable.  (b) If the fiduciary is a trustee, to another incumbent trustee who has not disclaimed the power or to all the beneficiaries of the trust who are then living and whose whereabouts are known or reasonably ascertainable.  (c) If the fiduciary is a guardian or conservator, to the interested persons.  (d) If the fiduciary is an agent, to the principal or, if the principal is legally incapacitated, to the principal's presumptive heirs at law. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2906 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2906 - Manner of Delivery; Filing With Court.

700.2906 Manner of delivery; filing with court. Sec. 2906.  (1) A disclaimer must be delivered in 1 of the following manners:  (a) By personally handing it to the person to whom it is to be delivered or to a fiduciary representing that person.  (b) By enclosing it in a sealed envelope with first-class postage fully prepaid, addressed to the person to whom it is to be delivered or to a fiduciary representing that person, and depositing the envelope and its contents in the United States mail.  (c) By another means that is reasonably likely to accomplish delivery to the person who is to receive the disclaimer or to a fiduciary representing that person.  (2) If delivery is to be made to a fiduciary, the following apply:  (a) If a fiduciary is not currently serving, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction to entertain proceedings to appoint or qualify the fiduciary.  (b) If the fiduciary cannot be located, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction over the fiduciary.  (3) A copy of a disclaimer may be filed in a probate court where proceedings are pending concerning the disclaimed interest or in a probate court that would have jurisdiction if proceedings were commenced. If the disclaimed interest pertains to real property, a copy of the disclaimer may be recorded in the office of the register of deeds of the county in which the property is located. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
MI Comp L § 700.2907 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2907 - Disposition of Disclaimed Interest; Effect on Future Interest.

700.2907 Disposition of disclaimed interest; effect on future interest.Sec. 2907.  (1) Except as otherwise provided in this section and section 2908, if a disclaimed interest arises under a will or a trust created by will, or by the laws of intestacy, and the decedent has not provided for another disposition of that interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent. However, if by law, or under the will or trust created by will, the descendants of the disclaimant would take the disclaimant's share by representation if the disclaimant predeceased the decedent, then the disclaimed interest passes by representation to the descendants of the disclaimant who survive the decedent.  (2) A future interest that takes effect in possession or enjoyment upon the termination of the disclaimed interest takes effect as if the disclaimant had predeceased the decedent. A future interest that is held by the disclaimant and that takes effect at a time certain is not accelerated and takes effect at the time certain.  (3) Except as otherwise provided in this section and section 2908, if the disclaimed interest arises under a governing instrument other than a will or trust created by will, and the governing instrument does not provide for another disposition of that interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant had died before the time when the interest was entitled to take effect in possession or enjoyment. However, if by law or under the governing instrument the descendants of the disclaimant would take the disclaimant's share by representation if the disclaimant predeceased the effective date of the instrument, then the disclaimed interest passes by representation to the descendants of the disclaimant who survive the effective date of the instrument.  (4) A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the time when the interest was entitled to take effect in possession or enjoyment. A future interest that is held by the disclaimant and that takes effect at a time certain is not accelerated and takes effect at the time certain. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
MI Comp L § 700.2908 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2908 - Disposition of Disclaimed Joint Interest, Trust Interest, and Fiduciary Power.

700.2908 Disposition of disclaimed joint interest, trust interest, and fiduciary power.Sec. 2908.  (1) If a disclaimed interest arises out of joint property created by a governing instrument, testamentary or nontestamentary, the following apply:  (a) If the disclaimant is the only living owner, the disclaimed interest devolves to the estate of the last to die of the other joint owners.  (b) If the disclaimant is not the only living owner, the disclaimed interest devolves to the other living joint owners equally or, if there is only 1 living owner, all to the other living owner.  (2) If the donee of a power of appointment or other power not held in a fiduciary capacity disclaims the power, all of the following apply:  (a) If the donee has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes effective.  (b) If the donee has exercised the power, the disclaimer takes effect immediately after the last exercise of the power.  (c) The instrument creating the power is construed as if the power expired when the disclaimer became effective.  (3) If all incumbent trustees disclaim a disclaimable interest, and the governing instrument does not provide for another disposition of the disclaimed interest if it is disclaimed or for another disposition of disclaimed or failed interests in general, then the disclaimed interest devolves as if the trust with respect to which the disclaimer was made never existed. If less than all incumbent trustees disclaim a disclaimable interest and the governing instrument does not provide for another disposition of the disclaimed interest under those circumstances, then the trustee who disclaims is treated as never having had any interest in or power over the disclaimed interest.  (4) If a fiduciary disclaims a fiduciary power, the fiduciary power ceases to exist as of the effective date of the disclaimer. A disclaimer of a fiduciary power by 1 of multiple incumbent fiduciaries is binding only on the fiduciary who disclaims and is not binding on the other incumbent fiduciaries or on successor fiduciaries. A disclaimer of a fiduciary power by all incumbent fiduciaries is binding on all successor fiduciaries, unless the disclaimer states otherwise. History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005 Popular Name: EPIC
MI Comp L § 700.2909 (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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)|386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)|Section 700.2909 - Persons Bound; Effect of Disclaimer.

700.2909 Persons bound; effect of disclaimer. Sec. 2909.  (1) A disclaimer, or a written waiver of the right to disclaim, is binding upon the disclaimant or person waiving the right to disclaim, and all persons claiming through or under him or her.  (2) A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed interest. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC