reglab/statecodes huggingface dataset:
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 700.1507 - Impartiality.

700.1507 Impartiality.
Sec. 1507.
If a fiduciary estate has 2 or more beneficiaries, the fiduciary shall act impartially in investing, managing, and distributing the fiduciary assets, and shall take into account any differing interests of the beneficiaries.
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-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1508 - Investment Costs.

700.1508 Investment costs.
Sec. 1508.
In investing and managing fiduciary assets, a fiduciary may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the fiduciary estate, and the skills of the fiduciary.
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 700.1509 - Reviewing Compliance.

700.1509 Reviewing compliance.
Sec. 1509.
Compliance with the prudent investor rule is determined in light of the facts and circumstances that exist at the time of a fiduciary's decision or action, and not by hindsight. The prudent investor rule requires a standard of conduct, not outcome or performance.
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 700.1510 - Delegation of Investment and Management Functions.

700.1510 Delegation of investment and management functions.
Sec. 1510.
(1) A fiduciary may delegate investment and management functions provided that the fiduciary exercises reasonable care, skill, and caution in all of the following:
(a) Selecting an agent.
(b) Establishing the scope and terms of the delegation, consistent with the purposes and terms of the governing instrument.
(c) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.
(2) A fiduciary who complies with the requirements of subsection (1) is not liable to the beneficiaries or to the fiduciary estate for a decision or action of the agent to whom the function was delegated.
(3) In performing a delegated function, an agent owes a duty to the fiduciary estate to exercise reasonable care to comply with the terms of the delegation. If an agent accepts the delegation of a fiduciary function from a fiduciary that is subject to the laws of this state, the agent submits to the jurisdiction of this state's 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-5 - Part 5 Prudent Investor Rule (700.1501...700.1512) › Section 700.1511 - Language Invoking Standard of Prudent Investor Rule.

700.1511 Language invoking standard of prudent investor rule.
Sec. 1511.
The following terms or similar language in a governing instrument, unless otherwise limited or modified, authorize any investment or strategy permitted under the Michigan prudent investor rule:
(a) "Investments permissible by law for investment of trust funds".
(b) "Legal investments".
(c) "Authorized investments".
(d) "Using the judgment and care under the circumstances then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital".
(e) "Prudent man rule".
(f) "Prudent trustee rule".
(g) "Prudent person rule".
(h) "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 700.1512 - Application to Existing Fiduciary Estates.

700.1512 Application to existing fiduciary estates.
Sec. 1512.
The Michigan prudent investor rule applies to a fiduciary estate that exists on or is created after this act's effective date. As applied to a fiduciary estate that exists on this act's effective date, the Michigan prudent investor rule governs only a decision or action that occurs after that date.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2101 - Intestate Estate.

700.2101 Intestate estate.
Sec. 2101.
(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this act, except as modified by the decedent's will.
(2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent that passes by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2102 - Share of Spouse.

700.2102 Share of spouse.
Sec. 2102.
(1) The intestate share of a decedent's surviving spouse is 1 of the following:
(a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.
(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.
(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.
(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.
(2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2103 - Share of Heirs Other Than Surviving Spouse.

700.2103 Share of heirs other than surviving spouse.
Sec. 2103.
Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent:
(a) The decedent's descendants by representation.
(b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent.
(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.
(d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2104 - Requirement That Heir Survive Decedent for 120 Hours.

700.2104 Requirement that heir survive decedent for 120 hours.
Sec. 2104.
An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period. This section does not apply if its application would result in a taking of the intestate estate by the state under section 2105.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2105 - No Taker; Effect.

700.2105 No taker; effect.
Sec. 2105.
If there is no taker under the provisions of this article, the intestate estate passes to 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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2106 - Representation.

700.2106 Representation.
Sec. 2106.
(1) If, under section 2103(a), a decedent's intestate estate or a part of the estate passes by representation to the decedent's descendants, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest to the decedent that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(2) If, under section 2103(c) or (d), a decedent's intestate estate or a part of the estate passes by representation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(3) As used in this section:
(a) "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under section 2104.
(b) "Surviving descendant" means a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under section 2104.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2107 - Relative of Half Blood.

700.2107 Relative of half blood.
Sec. 2107.
A relative of the half blood inherits the same share he or she would inherit if he or she were of the whole blood.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2108 - Afterborn Heirs.

700.2108 Afterborn heirs.
Sec. 2108.
An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2109 - Advancements.

700.2109 Advancements.
Sec. 2109.
(1) If an individual dies intestate as to all or a portion of his or her estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only under either of the following circumstances:
(a) The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement.
(b) The decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(2) For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(3) If the recipient of property advanced fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2110 - Debts to Decedent.

700.2110 Debts to decedent.
Sec. 2110.
A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2111 - Alienage.

700.2111 Alienage.
Sec. 2111.
An individual is not disqualified to take as an heir because the individual or an individual through whom he or she claims is or has been an alien.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114) › Section 700.2113 - Individuals Related to Decedent Through Two Lines.

700.2113 Individuals related to decedent through two lines.
Sec. 2113.
An individual who is related to the decedent through 2 lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206) › Section 700.2201 - Surviving Spouse's Right to Elective Share.

700.2201 Surviving spouse's right to elective share.
Sec. 2201.
Subject to sections 2203 to 2205, upon an individual's death, the individual's surviving spouse has the right described by section 2202.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206) › Section 700.2203 - Failure to Timely Elect; Exceptions.

700.2203 Failure to timely elect; exceptions.
Sec. 2203.
If a surviving spouse fails to make an election within the time specified in section 2202, it is conclusively presumed that an intestate decedent's widow elects her intestate share or that a testate decedent's spouse elects to abide by the terms of the will, except in either of the following instances:
(a) If an election is not made and the principal administration is closed, and if after that administration is closed it appears to the court that assets belonging to the estate are discovered and administration is granted, the election may be made out of the newly discovered assets only upon good cause shown at any time before that administration is closed.
(b) Before the estate is closed, upon petition of the spouse and after notice to all interested persons, the court may permit the spouse to make an election to which the spouse was entitled as though the spouse had done so within the time specified in section 2202, if the court considers it proper on account of litigation connected with the estate or the establishment of further claims against the deceased, or for other cause. The court shall limit the time within which the spouse may make an election under this subdivision.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206) › Section 700.2204 - Actions Not Preventing Election.

700.2204 Actions not preventing election.
Sec. 2204.
Filing of a petition to admit the will of a deceased spouse, failing to object or consenting to admission of the will to probate, or accepting appointment as a personal representative does not prevent a surviving spouse's election to take against the will.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206) › Section 700.2205 - Waiver of Rights by Surviving Spouse.

700.2205 Waiver of rights by surviving spouse.
Sec. 2205.
The rights of the surviving spouse to a share under intestate succession, homestead allowance, election, exempt property, or family allowance may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separate maintenance is a waiver of all rights to homestead allowance, election, exempt property, and family allowance by the spouse in the property of the other and is an irrevocable renunciation by the spouse of all benefits that would otherwise pass to the spouse from the other spouse by intestate succession or by virtue of a will executed before the waiver or property settlement.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- 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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206) › Section 700.2206 - Pre-Existing Right Not Created.

700.2206 Pre-existing right not created.
Sec. 2206.
Sections 2201 to 2205 shall not be construed as creating an inchoate or choate right to the rights described in those sections in the property of a spouse before the death of a spouse.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-3 - Part 3 Spouse or Child Not Provided for in the Will (700.2301...700.2302) › Section 700.2301 - Entitlement of Spouse; Premarital Will.

700.2301 Entitlement of spouse; premarital will.
Sec. 2301.
(1) Except as provided in subsection (2), if a testator's surviving spouse marries the testator after the testator executes his or her will, the surviving spouse is entitled to receive, as an intestate share, not less than the value of the share of the estate the surviving spouse would have received if the testator had died intestate as to that portion of the testator's estate, if any, that is not any of the following:
(a) Property devised to or in trust for the benefit of a child of the testator who was born before the testator married the surviving spouse and who is not the surviving spouse's child.
(b) Property devised to or in trust for the benefit of a descendant of a child described in subdivision (a).
(c) Property that passes under section 2603 or 2604 to a child described in subdivision (a) or to a descendant of such a child.
(2) Subsection (1) does not apply if any of the following are true:
(a) From the will or other evidence, it appears that the will was made in contemplation of the testator's marriage to the surviving spouse.
(b) The will expresses the intention that it is to be effective notwithstanding a subsequent marriage.
(c) The testator provided for the spouse by transfer outside the will, and the intent that the transfer be a substitute for a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.
(3) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to or in trust for the benefit of a child of the testator who was born before the testator married the surviving spouse and who is not the surviving spouse's child or a devise or substitute gift under section 2603 or 2604 to a descendant of such a child, abate as provided in section 3902.
(4) A spouse who receives an intestate share under this section may also exercise the right of election under section 2202, but the intestate share received by the spouse under this section reduces the sum available to the spouse under section 2202(2)(b).
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405) › Section 700.2401 - Applicable Law.

700.2401 Applicable law.
Sec. 2401.
This part applies to the estate of a decedent who dies domiciled in this state. For a decedent who dies domiciled outside of this state, rights to homestead allowance, family allowance, and exempt property are governed by the law of the decedent's domicile at death.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405) › Section 700.2402 - Homestead Allowance.

700.2402 Homestead allowance.
Sec. 2402.
A decedent's surviving spouse is entitled to a homestead allowance of $15,000.00, adjusted as provided in section 1210. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance equal to $15,000.00, adjusted as provided in section 1210, divided by the number of the decedent's minor and dependent children. The homestead allowance is exempt from and has priority over all claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses. A homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by elective share.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405) › Section 700.2403 - Family Allowance.

700.2403 Family allowance.
Sec. 2403.
(1) For their maintenance during the period of administration, a reasonable family allowance is payable to the decedent's surviving spouse and minor children whom the decedent was obligated to support, and children of the decedent or another who were in fact being supported by the decedent, which allowance shall not continue for longer than 1 year if the estate is inadequate to discharge allowed claims. The family allowance may be paid in a lump sum or in periodic installments. The family allowance is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be paid partially to the child or to a fiduciary or other person having the child's care and custody, and partially to the spouse, as their needs may appear.
(2) The family allowance is exempt from and has priority over all claims except administration costs and expenses, reasonable funeral and burial expenses, and the homestead allowance. The family allowance is not chargeable against a benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share. The death of an individual entitled to family allowance terminates the right to allowances not yet paid.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405) › Section 700.2404 - Exempt Property.

700.2404 Exempt property.
Sec. 2404.
(1) The decedent's surviving spouse is also entitled to household furniture, automobiles, furnishings, appliances, and personal effects from the estate up to a value not to exceed $10,000.00 more than the amount of any security interests to which the property is subject. If there is no surviving spouse, the decedent's children who are not excluded under subsection (4) are entitled jointly to the same value.
(2) If encumbered assets are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000.00, or if there is not $10,000.00 worth of exempt property in the estate, the spouse or children who are not excluded under subsection (4) are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000.00 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to assets to make up a deficiency of exempt property abates as necessary to permit payment of all of the following in the following order:
(a) Administration costs and expenses.
(b) Reasonable funeral and burial expenses.
(c) Homestead allowance.
(d) Family allowance.
(3) The rights under this section are in addition to a benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession, or by elective share. The $10,000.00 amount described in this section must be adjusted as provided in section 1210.
(4) The decedent may exclude 1 or more of the decedent's children from receiving exempt property or assets to make up a deficiency of exempt property under subsection (1) by either of the following means:
(a) The decedent by will expressly states either of the following:
(i) The child takes nothing.
(ii) The child takes an amount of $10.00 or less from the estate.
(b) The decedent by will expressly states that the child is not to receive exempt property under this section.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2018, Act 143, Eff. Aug. 8, 2018
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405) › Section 700.2405 - Selection, Determination, and Documentation.

700.2405 Selection, determination, and documentation.
Sec. 2405.
(1) If the estate is otherwise sufficient, property specifically devised shall not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, fiduciaries or others that have the care and custody of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property.
(2) The personal representative may make those selections if the surviving spouse, the adult children, or those acting for the minor children are unable or fail to do so within a reasonable time. The personal representative may execute a deed of distribution or other instrument to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $18,000.00, adjusted as provided in section 1210, or periodic installments not exceeding 1/12 of that amount per month for 1 year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
(3) The personal representative or an interested person aggrieved by a selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2501 - Will; Maker; Sufficient Mental Capacity.

700.2501 Will; maker; sufficient mental capacity.
Sec. 2501.
(1) An individual 18 years of age or older who has sufficient mental capacity may make a will.
(2) An individual has sufficient mental capacity to make a will if all of the following requirements are met:
(a) The individual has the ability to understand that he or she is providing for the disposition of his or her property after death.
(b) The individual has the ability to know the nature and extent of his or her property.
(c) The individual knows the natural objects of his or her bounty.
(d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2502 - Execution; Witnessed Wills; Holographic Wills.

700.2502 Execution; witnessed wills; holographic wills.
Sec. 2502.
(1) Subject to section 1202, and except as provided in subsection (2) and in sections 2503, 2506, and 2513, a will is valid only if it is all of the following:
(a) In writing.
(b) Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.
(c) Signed by at least 2 individuals, each of whom signed within a reasonable time after he or she witnessed either the signing of the will as described in subdivision (b) or the testator's acknowledgment of that signature or acknowledgment of the will.
(2) A will that does not comply with subsection (1) is valid as a holographic will, whether or not witnessed, if it is dated, and if the testator's signature and the document's material portions are in the testator's handwriting.
(3) Intent that the document constitutes a testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2020, Act 246, Imd. Eff. Nov. 5, 2020
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2503 - Writings Intended as Wills.

700.2503 Writings intended as wills.
Sec. 2503.
Although a document or writing added upon a document was not executed in compliance with section 2502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute any of the following:
(a) The decedent's will.
(b) A partial or complete revocation of the decedent's will.
(c) An addition to or an alteration of the decedent's will.
(d) A partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the decedent's will.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2505 - Witnesses.

700.2505 Witnesses.
Sec. 2505.
(1) An individual generally competent to be a witness may act as a witness to a will.
(2) The signing of a will by an interested witness does not invalidate the will or any provision of it.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2506 - Choice of Law as to Execution.

700.2506 Choice of law as to execution.
Sec. 2506.
A written will is valid if executed in compliance with section 2502 or 2503, with the law at the time of execution of the place where the will is executed, or with the law of the place where, at the time of execution or at the time of death, the testator is domiciled, has a place of abode, or is a national.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2507 - Revocation by Writing or by Act.

700.2507 Revocation by writing or by act.
Sec. 2507.
(1) A will or a part of a will is revoked by either of the following acts:
(a) Execution of a subsequent will that revokes the previous will or a part of the will expressly or by inconsistency.
(b) Performance of a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or a part of the will or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subdivision, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or a part of the will. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touches any of the words on the will.
(2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.
(3) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked, and only the subsequent will is operative on the testator's death.
(4) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will, and each will is fully operative on the testator's death to the extent they are not inconsistent.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2508 - Revocation by Change of Circumstances.

700.2508 Revocation by change of circumstances.
Sec. 2508.
Except as provided in sections 2802 to 2809, a change of circumstances does not revoke a will or a part of a will.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2509 - Revival of Revoked Will.

700.2509 Revival of revoked will.
Sec. 2509.
(1) If a subsequent will that wholly revoked a previous will is later revoked by a revocatory act under section 2507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.
(2) If a subsequent will that partly revoked a previous will is later revoked by a revocatory act under section 2507(1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.
(3) If a subsequent will that revoked a previous will in whole or in part is later revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2510 - Incorporation by Reference.

700.2510 Incorporation by reference.
Sec. 2510.
A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
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 II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959) › 386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519) › Section 700.2511 - Testamentary Additions to Trusts.

700.2511 Testamentary additions to trusts.
Sec. 2511.
(1) A will may validly devise property to the trustee of a trust established or to be established in any of the following manners:
(a) During the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts.
(b) At the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the trust corpus.
(2) A devise described in subsection (1) is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. Unless the testator's will provides otherwise, property devised to a trust described in subsection (1) is not held under a trust created by the will of the testator, but it becomes a part of the trust to which it is devised, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including an amendment to the trust made before or after the testator's death.
(3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC