reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 330 of 2016 - Qualified Dispositions in Trust Act (700.1041 - 700.1050) › Section 700.1049 - Power or Capacity of Trust Beneficiary to Transfer Income; Attachment; Assignment; Claim or Action Against Trustee; Disclaiming Interest in Trust.

700.1049 Power or capacity of trust beneficiary to transfer income; attachment; assignment; claim or action against trustee; disclaiming interest in trust.
Sec. 9.
(1) A trust beneficiary does not have the power or capacity to transfer any of the income from a trust or portion of a trust that is a qualified disposition by his or her order, voluntary or involuntary, or by an order or direction of a court.
(2) Except as otherwise provided in this act, the interest of a beneficiary in a trust or portion of a trust that is a qualified disposition is not subject to a process of attachment issued against the beneficiary, and may not be taken in execution under any form of legal process directed against the beneficiary, trustee, trust estate, or any part of the income of the trust estate, but the whole of the trust estate and the income of the trust estate must go to and be applied by the trustee solely for the benefit of the beneficiary, free, clear, and discharged of and from all obligations of the beneficiary.
(3) The trustee of a qualified disposition shall disregard and oppose an assignment or other act, voluntary or involuntary, that is attempted contrary to this section. The trustee is entitled to reimbursement for all attorney fees, costs, and expenses associated with carrying out this duty, and the amount of the attorney fees, costs, and expenses is a lien against the property that is the subject of the qualified disposition. A trustee is not liable, and a trust beneficiary or any successor trust beneficiary does not have a claim or cause of action against a trustee, for a breach of this duty unless the trustee's breach was in bad faith or the result of reckless indifference to the purposes of the trust or the interests of the trust beneficiaries.
(4) This section does not prohibit a beneficiary from disclaiming an interest in a trust or portion of a trust that is a qualified disposition or from exercising a power of appointment.
History:
2016, Act 330, Eff. Mar. 8, 2017
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 330 of 2016 - Qualified Dispositions in Trust Act (700.1041 - 700.1050) › Section 700.1050 - Applicability of Act; Conflict With Other Provisions of Law.

700.1050 Applicability of act; conflict with other provisions of law.
Sec. 10.
(1) Subject to section 5(5), this act applies to qualified dispositions made on or after the effective date of this act.
(2) If any provision of this act conflicts with any provision of chapter 63 of 1846 RS 63, MCL 555.1 to 555.28, or the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, the provision of this act prevails.
History:
2016, Act 330, Eff. Mar. 8, 2017
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-1 - Part 1 Short Title and Definitions (700.1101...700.1108) › Section 700.1101 - Short Title.

700.1101 Short title.
Sec. 1101.
This act shall be known and may be cited as the "estates and protected individuals code".
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-1 - Part 1 Short Title and Definitions (700.1101...700.1108) › Section 700.1102 - Applicability of Definitions.

700.1102 Applicability of definitions.
Sec. 1102.
The definitions contained in this part apply throughout this act unless the context requires otherwise or unless a term defined elsewhere in this act is applicable to a specific article, part, or section.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-1 - Part 1 Short Title and Definitions (700.1101...700.1108) › Section 700.1105 - Definitions; I to L.

700.1105 Definitions; I to L.
Sec. 1105.
As used in this act:
(a) "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.
(b) "Informal proceedings" means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.
(c) "Interested person" or "person interested in an estate" includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person. Identification of interested persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules.
(d) "Issue" means an individual's descendant.
(e) "Joint tenants with the right of survivorship" includes, but is not limited to, co-owners or ownership of property held under circumstances that entitle 1 or more to the whole of the property on the death of the other or others, but does not include forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.
(f) "Jurisdiction," with respect to a geographic area, includes a county, state, or country.
(g) "Lawyer-guardian ad litem" means an attorney appointed under section 5213 or 5219 who has the powers and duties referenced by and provided in section 5213.
(h) "Lease" includes, but is not limited to, an oil, gas, or other mineral lease.
(i) "Legally incapacitated individual" means an individual, other than a minor, for whom a guardian is appointed under this act or an individual, other than a minor, who has been adjudged by a court to be an incapacitated individual.
(j) "Letters" includes, but is not limited to, letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-1 - Part 1 Short Title and Definitions (700.1101...700.1108) › Section 700.1108 - Definitions; U to Z.

700.1108 Definitions; U to Z.
Sec. 1108.
As used in this act:
(a) "Ward" means an individual for whom a guardian is appointed.
(b) "Will" includes, but is not limited to, a codicil and a testamentary instrument that appoints a personal representative, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to the decedent's property that is passing by intestate succession.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1201 - Purposes; Rules of Construction.

700.1201 Purposes; rules of construction.
Sec. 1201.
This act shall be liberally construed and applied to promote its underlying purposes and policies, which include all of the following:
(a) To simplify and clarify the law concerning the affairs of decedents, missing individuals, protected individuals, minors, and legally incapacitated individuals.
(b) To discover and make effective a decedent's intent in distribution of the decedent's property.
(c) To promote a speedy and efficient system for liquidating a decedent's estate and making distribution to the decedent's successors.
(d) To make the law uniform among the various jurisdictions, both within and outside of this state.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1203 - Supplementary General Principles of Law Applicable; Construction Against Implied Repeal.

700.1203 Supplementary general principles of law applicable; construction against implied repeal.
Sec. 1203.
(1) Unless displaced by the particular provisions of this act, general principles of law and equity supplement this act's provisions.
(2) This act is a general act intended as a unified coverage of its subject matter and a part of it shall not be considered impliedly repealed by subsequent legislation if that result can reasonably be avoided.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1205 - Discovery and Remedies for Fraud, Embezzlement, Conversion, or Withholding of Assets.

700.1205 Discovery and remedies for fraud, embezzlement, conversion, or withholding of assets.
Sec. 1205.
(1) The court may order a person to appear before the court and be examined upon the matter of a complaint that is filed with the court under oath by a fiduciary, beneficiary, creditor, or another interested person of a decedent's or ward's trust or estate alleging any of the following:
(a) The person is suspected of having, or has knowledge that another may have, concealed, embezzled, conveyed away, or disposed of the trustee's, decedent's, or ward's property.
(b) The person has possession or knowledge of a deed, conveyance, bond, contract, or other writing that contains evidence of, or tends to disclose, the right, title, interest, or claim of the trustee, decedent, or ward to any of the trust or estate.
(c) The person has possession or knowledge of a decedent's last will.
(2) If the person ordered under subsection (1) refuses to appear and be examined, or refuses to answer the interrogatories asked of the person that relate to the complaint, the judge may by warrant commit the person to the county jail to remain in custody until that person submits to the order of the court.
(3) If fraud is perpetrated in connection with a proceeding or in a statement filed under this act or if fraud is used to avoid or circumvent the provisions or purposes of this act, a person injured by the fraud may obtain appropriate relief against the perpetrator of the fraud or restitution from a person, other than a bona fide purchaser, that benefited from the fraud, whether innocent or not. An action under this subsection shall be commenced within 2 years after the discovery of the fraud, but an action shall not be brought against a person that is not a perpetrator of the fraud later than 5 years after the time of the fraud's commission. This section does not affect a remedy relating to fraud perpetrated against a decedent during his or her lifetime that affects the succession of the decedent's estate.
(4) If a person embezzles or wrongfully converts a decedent's property before letters of authority are granted, or refuses, without colorable claim of right, to transfer possession of the decedent's property to the personal representative upon demand, that person is liable in an action brought by the personal representative for the benefit of the estate for double the value of the property embezzled, converted, or withheld.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1207 - Evidence of Death or Status.

700.1207 Evidence of death or status.
Sec. 1207.
In addition to the rules of evidence in courts of general jurisdiction, the court shall determine death or status in accordance with the following:
(a) Death occurs when an individual is determined to be dead under the determination of death act, 1992 PA 90, MCL 333.1031 to 333.1034.
(b) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the decedent's identity and of the fact, place, date, and time of the decedent's death.
(c) A certified or authenticated copy of a record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the individual's status and of the dates, circumstances, and places disclosed by the record or report.
(d) In the absence of prima facie evidence of death under subdivision (b) or (c), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(e) The fact of death may be established under the procedure prescribed in section 1208 to establish the death of an individual described in that section.
(f) At the hearing upon the petition, the court upon its own motion may, or upon motion of an interested person shall, impanel a jury as provided by law. If it is established by a preponderance of the evidence presented at the hearing that an accident or disaster occurred in which the individual named in the petition was killed or may be presumed to have died, the court shall enter an order that establishes the location of the accident or disaster, the date of death, and, if possible, the time of death and that states that the individual is dead.
(g) A certified copy of an order issued under this section is sufficient when presented to the medical examiner for the preparation of a certificate of death. The medical examiner shall forward the completed certificate of death to the state registrar. The state registrar shall register the death as provided in section 2845 of the public health code, 1978 PA 368, MCL 333.2845. The state registrar shall forward a copy of the registered death record to the local registrar of the place where the death occurred as established under this section.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1209 - Acts by Holder of Power of Appointment.

700.1209 Acts by holder of power of appointment.
Sec. 1209.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable or testamentary general or special power of appointment, including 1 in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as permissible appointees, takers in default, or otherwise, are subject to the power.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2010, Act 325, Eff. Apr. 1, 2010
Compiler's Notes:
Enacting section 1 of Act 325 of 2010 provides:"Enacting section 1. (1) Except as provided in subsection (2), this amendatory act takes effect April 1, 2010."(2) Section 3207 of the estates and protected individuals code, 1998 PA 386, MCL 700.3207, as amended by this amendatory act, takes effect on the date this amendatory act is enacted into law."
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1210 - Cost-of-Living Adjustment.

700.1210 Cost-of-living adjustment.
Sec. 1210.
(1) The specific dollar amounts stated in sections 2102, 2402, 2404, 2405, and 3983 apply to decedents who die before January 1, 2001. For decedents who die after December 31, 2000, these specific dollar amounts shall be multiplied by the cost-of-living adjustment factor for the calendar year in which the decedent dies.
(2) Before February 1, 2001, and annually after 2001, the department of treasury shall publish the cost-of-living adjustment factor to be applied to the specific dollar amounts referred to in subsection (1) for decedents who die during that calendar year and in section 7414 for trusts the value of the property of which is insufficient to justify the cost of administration. A product resulting from application of the cost-of-living adjustment factor to a specific dollar amount shall be rounded to the nearest $1,000.00 amount.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1211 - Court Personnel Prohibited From Providing Legal Advice.

700.1211 Court personnel prohibited from providing legal advice.
Sec. 1211.
Court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person. This section does not prohibit the court from providing general information, blank forms, and information concerning the preparation of a form provided by the court.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1212 - Fiduciary Relationship.

700.1212 Fiduciary relationship.
Sec. 1212.
(1) A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary. A fiduciary shall observe the standard of care described in section 7803 and shall discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; care and prudence in actions; and segregation of assets held in the fiduciary capacity. With respect to investments, a fiduciary shall conform to the Michigan prudent investor rule.
(2) Except in response to legal process, in cases expressly required by law, or in the necessary or proper administration of the estate, a fiduciary shall not disclose facts or knowledge pertaining to property in the fiduciary's possession or to the affairs of those for whom the fiduciary is acting in any manner without the consent of the heirs, devisees, beneficiaries, protected individuals, or wards. The fiduciary of a minor or an incapacitated individual may give this consent on behalf of that individual. This subsection's restriction on disclosure does not apply in an action or proceeding in which the fiduciary and the fiduciary's heir, devisee, beneficiary, protected individual, or ward are parties adverse to each other after the identity and relationship is determined and established.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1213 - Reference to Unified Credits, Exemption, or Deductions.

700.1213 Reference to unified credits, exemption, or deductions.
Sec. 1213.
If an individual includes a provision in a will, trust document, or beneficiary designation that is designed to reduce federal estate tax liability to zero or the lowest possible amount payable by describing a portion or amount measured by reference to the unified credit, the exemption equivalent, other credits, or other deductions, then unless specifically stated otherwise, the reference to the credits, exemption, or deductions shall be considered to include a reference to the family-owned business deduction available under section 2057 of the internal revenue code of 1986, 26 USC 2057, if that deduction is elected. Unless specifically stated otherwise, and subject to section 2723, the reference to the unified credit or exemption equivalent, or to the family-owned business deduction, shall be considered to refer to the credit, exemption, or deduction as it exists at the time of death of the individual.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2010, Act 224, Imd. Eff. Dec. 10, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-2 - Part 2 Construction and General Provisions (700.1201...700.1214) › Section 700.1214 - Fiduciary; Prohibited Conduct.

700.1214 Fiduciary; prohibited conduct.
Sec. 1214.
Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, except as provided in section 3713, 5421, or 7802, or except as provided in section 4405 of the banking code of 1999, 1999 PA 276, MCL 487.14405, a fiduciary in the fiduciary's personal capacity shall not engage in a transaction with the estate that the fiduciary represents and shall not invest estate money in a company, corporation, or association with which the fiduciary is affiliated, other than as a bondholder or minority stockholder. A fiduciary in the fiduciary's personal capacity shall not personally derive a profit from the purchase, sale, or transfer of the estate's property. A fiduciary's deposit of money in a bank or trust company, in which the fiduciary is interested as an officer, director, or stockholder, does not constitute a violation of this section.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1301 - Territorial Application.

700.1301 Territorial application.
Sec. 1301.
Except as otherwise provided in this act, this act applies to all of the following:
(a) The affairs and estate of a decedent, missing individual, or protected individual who is domiciled in this state.
(b) A nonresident's property that is located in this state or property coming into the control of a fiduciary that is subject to the laws of this state.
(c) An incapacitated individual or minor in this state.
(d) Survivorship and related accounts in this state.
(e) A trust subject to administration in this state.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1302 - Exclusive Subject Matter Jurisdiction.

700.1302 Exclusive subject matter jurisdiction.
Sec. 1302.
The court has exclusive legal and equitable jurisdiction of all of the following:
(a) A matter that relates to the settlement of a deceased individual's estate, whether testate or intestate, who was at the time of death domiciled in the county or was at the time of death domiciled out of state leaving an estate within the county to be administered, including, but not limited to, all of the following proceedings:
(i) The internal affairs of the estate.
(ii) Estate administration, settlement, and distribution.
(iii) Declaration of rights that involve an estate, devisee, heir, or fiduciary.
(iv) Construction of a will.
(v) Determination of heirs.
(vi) Determination of death of an accident or disaster victim under section 1208.
(b) A proceeding that concerns the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a trust; or the declaration of rights that involve a trust, trustee, or trust beneficiary, including, but not limited to, proceedings to do all of the following:
(i) Appoint or remove a trustee.
(ii) Review the fees of a trustee.
(iii) Require, hear, and settle interim or final accounts.
(iv) Ascertain beneficiaries.
(v) Determine a question that arises in the administration or distribution of a trust, including a question of construction of a will or trust.
(vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right.
(vii) Release registration of a trust.
(viii) Determine an action or proceeding that involves settlement of an irrevocable trust.
(c) Except as otherwise provided in section 1021 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1021, a proceeding that concerns a guardianship, conservatorship, or protective proceeding.
(d) A proceeding to require, hear, or settle the accounts of a fiduciary and to order, upon request of an interested person, instructions or directions to a fiduciary that concern an estate within the court's jurisdiction.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1303 - Concurrent Jurisdiction; Removal; Purpose and Policy.

700.1303 Concurrent jurisdiction; removal; purpose and policy.
Sec. 1303.
(1) In addition to the jurisdiction conferred by section 1302 and other laws, the court has concurrent legal and equitable jurisdiction to do all of the following in regard to an estate of a decedent, protected individual, ward, or trust:
(a) Determine a property right or interest.
(b) Authorize partition of property.
(c) Authorize or compel specific performance of a contract in a joint or mutual will or of a contract to leave property by will.
(d) Ascertain if individuals have survived as provided in this act.
(e) Determine cy pres or a gift, grant, bequest, or devise in trust or otherwise as provided in 1915 PA 280, MCL 554.351 to 554.353.
(f) Hear and decide an action or proceeding against a distributee of a fiduciary of the estate to enforce liability that arises because the estate was liable upon some claim or demand before distribution of the estate.
(g) Impose a constructive trust.
(h) Hear and decide a claim by or against a fiduciary or trustee for the return of property.
(i) Hear and decide a contract proceeding or action by or against an estate, trust, or ward.
(j) Require, hear, or settle an accounting of an agent under a power of attorney.
(2) If the probate court has concurrent jurisdiction of an action or proceeding that is pending in another court, on the motion of a party to the action or proceeding and after a finding and order on the jurisdictional issue, the other court may order removal of the action or proceeding to the probate court. If the action or proceeding is removed to the probate court, the other court shall forward to the probate court the original of all papers in the action or proceeding. After that transfer, the other court shall not hear the action or proceeding.
(3) The underlying purpose and policy of this section is to simplify the disposition of an action or proceeding involving a decedent's, a protected individual's, a ward's, or a trust estate by consolidating the probate and other related actions or proceedings in the probate court.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2016, Act 287, Eff. Dec. 26, 2016 ;-- Am. 2016, Act 490, Eff. Apr. 6, 2017
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1304 - Register; Powers.

700.1304 Register; powers.
Sec. 1304.
If this act specifies that the probate register perform an act or order, the probate judge, or the probate register or a deputy probate register if authorized in accordance with section 834 of the revised judicature act of 1961, being section 600.834 of the Michigan Compiled Laws, or in accordance with supreme court rule, may perform the act or order.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1305 - Appeals.

700.1305 Appeals.
Sec. 1305.
Appellate review, including the right to appellate review or interlocutory appeal and provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and the power of the appellate court, is governed by the revised judicature act of 1961 and by supreme court rule.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1306 - Oath or Affirmation on Filed Documents.

700.1306 Oath or affirmation on filed documents.
Sec. 1306.
Except as otherwise specifically provided in this act or by supreme court rule, a document, including an application, petition, or demand for notice, filed with the court under this act is considered to include an oath, affirmation, or statement to the effect that the document's representations are true as far as the individual executing or filing the document knows or is informed, and penalties for perjury may follow deliberate falsification in the document.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1307 - Records and Certified Copies.

700.1307 Records and certified copies.
Sec. 1307.
(1) Court records shall be maintained in accordance with section 832 of the revised judicature act of 1961, being section 600.832 of the Michigan Compiled Laws. Upon payment of the fee required by law, the probate register shall issue a certified copy of a probated will, letters issued to a personal representative, or any other record or paper filed or recorded. A certificate that relates to a probated will shall indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. A certificate that relates to letters shall show the date of appointment and the date to which the letters continued in force.
(2) A certified copy of letters of authority may be recorded in the office of the register of deeds for the county in which a written instrument that is executed by a person under authority of the letters is recorded.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1308 - Breach of Duty; Remedies; Order for Accounting.

700.1308 Breach of duty; remedies; order for accounting.
Sec. 1308.
(1) A violation by a fiduciary of a duty the fiduciary owes to an heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary is a breach of duty. To remedy a breach of duty that has occurred or may occur, the court may do any of the following:
(a) Compel the fiduciary to perform the fiduciary's duties.
(b) Enjoin the fiduciary from committing a breach of duty.
(c) Compel the fiduciary to redress a breach of duty by paying money, restoring property, or other means.
(d) Order a fiduciary to account.
(e) Appoint a special fiduciary to take possession of the estate's, ward's, protected individual's, or trust property and administer the property.
(f) Suspend the fiduciary.
(g) Remove the fiduciary as provided in this act.
(h) For a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary.
(i) Subject to other provisions of this act protecting persons dealing with a fiduciary, void an act of the fiduciary, impose a lien or a constructive trust on property, or trace property wrongfully disposed of and recover the property or its proceeds.
(2) In response to an interested person's petition or on its own motion, the court may at any time order a fiduciary of an estate under its jurisdiction to file an accounting. After due hearing on the accounting, the court shall enter an order that agrees with the law and the facts of the case.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309) › Section 700.1309 - Appointment of Special Fiduciary or Injunction.

700.1309 Appointment of special fiduciary or injunction.
Sec. 1309.
Upon reliable information received from an interested person, county or state official, or other informed source, including the court's files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court's jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate's or trust's property, or jeopardy to an interested person's interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-4 - Part 4 Notice, Parties, and Representation in Estate Litigation and Other Matters (700.1401...700.1403) › Section 700.1401 - Notice; Method and Time of Giving.

700.1401 Notice; method and time of giving.
Sec. 1401.
(1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and place of the hearing on the petition to be given to each interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Unless otherwise provided by supreme court rule, notice must be given by 1 of the following methods:
(a) Mailing a copy at least 14 days before the time set for the hearing by certified, registered, or first-class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known.
(b) Delivering a copy to the person being notified personally at least 7 days before the time set for the hearing.
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, publishing once a copy in a newspaper having general circulation in the county where the hearing is to be held at least 14 days before the time set for the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for a hearing.
(3) Proof that notice was given must be made at or before the hearing and filed in the proceeding.
(4) If a person entitled to notice under section 3306, 3310, 3403, 3414, 3705, or 5426 is a resident in and a citizen of a foreign country, the person required to give notice must notify the consul of the foreign nation in the city of New York or of the district having jurisdiction, or the consul, vice-consul, or consular agent resident in this state, if there is one, of the matters and with the particulars described in the relevant section of this act.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-4 - Part 4 Notice, Parties, and Representation in Estate Litigation and Other Matters (700.1401...700.1403) › Section 700.1402 - Notice; Waiver; Order.

700.1402 Notice; waiver; order.
Sec. 1402.
(1) Except as provided in subsection (2), a person, including a guardian ad litem, conservator, or other fiduciary, may waive notice and consent to the granting of a petition by a writing signed by the person or the person's attorney and filed in the proceeding. If every person affected by the proceeding waives notice and consents in writing to the granting of a petition, the court may enter an appropriate order on the petition without a hearing.
(2) A person for whom a guardianship or other protective order is sought, a ward, or a protected person cannot waive notice. A fiduciary shall not waive or consent on a petition, account, or report made as the fiduciary or in a different fiduciary capacity.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1501 - Short Title of Part; Definitions.

700.1501 Short title of part; definitions.
Sec. 1501.
(1) This part shall be known and may be cited as the "Michigan prudent investor rule". This part prescribes the Michigan prudent investor rule.
(2) As used in this part:
(a) "Governing instrument" includes, but is not limited to, a court order.
(b) "Portfolio" means all property of every kind and character held by a fiduciary on behalf of a fiduciary estate.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1502 - Prudent Investor Rule.

700.1502 Prudent investor rule.
Sec. 1502.
(1) A fiduciary shall invest and manage assets held in a fiduciary capacity as a prudent investor would, taking into account the purposes, terms, distribution requirements expressed in the governing instrument, and other circumstances of the fiduciary estate. To satisfy this standard, the fiduciary must exercise reasonable care, skill, and caution.
(2) The Michigan prudent investor rule is a default rule that may be expanded, restricted, eliminated, or otherwise altered by the provisions of the governing instrument. A fiduciary is not liable to a beneficiary to the extent that the fiduciary acted in reasonable reliance on the provisions of the governing instrument.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1503 - Portfolio Strategy; Risk and Return Objectives.

700.1503 Portfolio strategy; risk and return objectives.
Sec. 1503.
(1) A fiduciary's investment and management decisions with respect to individual assets shall be evaluated not in isolation, but rather in the context of the fiduciary estate portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the fiduciary estate.
(2) Among circumstances that a fiduciary must consider in investing and managing fiduciary assets are all of the following that are relevant to the fiduciary estate or its beneficiaries:
(a) General economic conditions.
(b) The possible effect of inflation or deflation.
(c) The expected tax consequences of an investment decision or strategy.
(d) The role that each investment or course of action plays within the overall portfolio, which may include financial assets, interests in closely-held enterprises, tangible and intangible personal property, and real property.
(e) The expected total return from income and the appreciation of capital.
(f) Other resources of the beneficiaries.
(g) The need for liquidity, regularity of income, and preservation or appreciation of capital.
(h) An asset's special relationship or special value, if any, to the purposes of the fiduciary estate or to 1 or more of the beneficiaries.
(3) A fiduciary shall make a reasonable effort to verify facts relevant to the investment and management of fiduciary assets.
(4) A fiduciary may invest in any kind of property or type of investment consistent with the standards of the Michigan prudent investor rule. A particular investment is not inherently prudent or imprudent.
(5) A fiduciary who has special skill or expertise, or is named fiduciary in reliance upon the fiduciary's representation that the fiduciary has special skill or expertise, has a duty to use that special skill or expertise.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1504 - Diversification.

700.1504 Diversification.
Sec. 1504.
A fiduciary shall diversify the investments of a fiduciary estate unless the fiduciary reasonably determines that, because of special circumstances, the purposes of the fiduciary estate are better served without diversifying.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1505 - Duties at Inception.

700.1505 Duties at inception.
Sec. 1505.
Within a reasonable time after accepting appointment as a fiduciary or receiving fiduciary assets, a fiduciary shall review the assets, and make and implement decisions concerning the retention and disposition of assets, in order to bring the fiduciary portfolio into compliance with the purposes, terms, distribution requirements expressed in the governing instrument, and other circumstances of the fiduciary estate, and with the requirements of the Michigan prudent investor rule.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article I - Definitions, General Provisions, and Court Jurisdiction (700.1101...700.1512) › 386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1506 - Duties of Fiduciary in Interest of Beneficiaries.

700.1506 Duties of fiduciary in interest of beneficiaries.
Sec. 1506.
A fiduciary shall invest and manage fiduciary assets solely in the interest of the beneficiaries.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC