Title 700, ESTATES AND PROTECTED INDIVIDUALS CODE

Sec. 5. (1) This act does not change or impair a right of a digital custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (2) This act does not give a fiduciary or designated recipient any new or expanded rights other than those held…

Sec. 6. (1) When disclosing the digital assets of a user under this act, the digital custodian may at its sole discretion do any of the following: (a) Grant a fiduciary or designated recipient full access to the user's account. (b) Grant a fiduciary or designated recipient partia…

Sec. 7. If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, a digital custodian shall disclose to the personal representative of the user the content of an electronic communication sent or received by the user if…

Sec. 8. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a digital custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital ass…

Sec. 9. To the extent a power of attorney grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a digital custodian shall disclose to the agent the content of electron…

Sec. 10. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a digital custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic…

Sec. 11. Unless otherwise ordered by the court or provided in a trust, a digital custodian shall disclose to the trustee that is an original user of an account any digital assets of the account held in trust, including a catalogue of electronic communications of the trustee and t…

Sec. 12. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a digital custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user an…

Sec. 13. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a digital custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and …

Sec. 14. (1) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person. (2) Unless otherwise ordered by the court or directed by the user, a digital custodian shall disclose to a conservator the catalogue of electroni…

Sec. 15. (1) The legal duties imposed on a fiduciary charged with managing tangible personal property apply to the management of digital assets, including all of the following: (a) The duty of care. (b) The duty of loyalty. (c) The duty of confidentiality. (2) All of the followin…

Sec. 16. (1) Not later than 56 days after receipt of the information required under sections 7 to 14, a digital custodian shall comply with a request under this act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the digital custodi…

Sec. 17. Notwithstanding section 7 or 8, an interested person may file a petition in the court for an order to limit, eliminate, or modify the personal representative's powers with respect to the decedent's digital assets. On receipt of a petition under this section, the court sh…

Sec. 18. This act modifies, limits, or supersedes the electronic signatures in the global and national commerce act, 15 USC 7001 to 7006, but does not modify, limit, or supersede 15 USC 7001(c) or authorize electronic delivery of any of the notices described in 15 USC 7003(b).

Sec. 1. This act shall be known and may be cited as the "qualified dispositions in trust act".

Sec. 2. As used in this act: (a) "Advisor" means a person who is given authority by the terms of a trust instrument to remove, appoint, or both, 1 or more trustees or to direct, consent to, approve, or veto a trustee's actual or proposed investment or distribution decisions. A pe…

Sec. 3. (1) The probate court has exclusive jurisdiction over an action that addresses either of the following questions: (a) Whether a transfer is a qualified disposition. (b) The extent of the transferor's interest in, or the income from, a qualified disposition. (2) The probat…

Sec. 4. (1) A transferor has only the powers and rights that are conferred by the trust instrument. Except as otherwise provided in subsection (2), a transferor does not have powers or rights with respect to the property that is the subject of a qualified disposition or the incom…

Sec. 5. (1) Notwithstanding any other provision of this act, with respect to any qualified disposition, a creditor has only the rights provided in this section and section 7. (2) For an action brought by a creditor for an attachment or other provisional remedy against property th…

Sec. 6. (1) Except as provided in subsection (6), for purposes of this section, a "qualified affidavit" means an affidavit in which the transferor states that at the time of the transfer of the property to the trust all of the following apply: (a) The transferor has full right, t…

Sec. 7. (1) A qualified disposition may be avoided only to the extent necessary to satisfy or provide for the present value, taking into consideration any uncertainty of the transferor's debt to the creditor at whose instance the disposition had been avoided. (2) If all or any po…

Sec. 8. (1) If a person serving as qualified trustee ceases to meet the requirements of a qualified trustee and there remains no trustee that meets the requirements of a qualified trustee, the person serving as qualified trustee is considered to have resigned as of the time of th…

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 prov…

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 individua…

Sec. 1101. This act shall be known and may be cited as the "estates and protected individuals code".

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.

Sec. 1103. As used in this act: (a) "1997 cost-of-living adjustment factor" means a fraction, the numerator of which is the United States Consumer Price Index for the prior calendar year and the denominator of which is the United States Consumer Price Index for 1997. As used in t…

Sec. 1104. As used in this act: (a) "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance that relates to the protection of the environment or human health. (b) "Estate" includes the property of the decedent, trust, or other person whose affairs…

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 …

Sec. 1106. As used in this act: (a) "Mental health professional" means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following: (i) A physician who is licensed to practice medicine or osteopathic medic…

Sec. 1107. As used in this act: (a) "Register" or "probate register" means the official of the court designated to perform the functions of register as provided in section 1304. (b) "Revised judicature act of 1961" means the revised judicature act of 1961, 1961 PA 236, MCL 600.10…

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 …

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 legal…

Sec. 1202. (1) Notwithstanding anything in this act to the contrary, the act of signing or witnessing the execution of a document or instrument under this act, including, but not limited to, a will under article II, a disclaimer under section 2903, a funeral representative design…

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 r…

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…

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 333.10…

Sec. 1208. (1) The procedure to establish the death of an individual who is an accident or disaster victim and whose remains have disappeared or are unidentifiable is as follows: (a) If an accident or disaster occurs that apparently causes the death of the individual described in…

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…

Sec. 1210. (1) The specific dollar amounts stated in sections 2102, 2402, 2404, and 2405, and the specific dollar amounts stated in sections 3982 and 3983 before those sections were amended by the amendatory act that added section 1215, apply to decedents who die before January 1…

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…

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 …

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 cred…

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 fi…

Sec. 1215. (1) Subject to subsection (2), a person has knowledge of a fact if 1 or more of the following apply: (a) The person has actual knowledge of it. (b) The person has received a notice or notification of it. (c) From all the facts and circumstances known to the person at t…

Sec. 1216. (1) Any part of a governing instrument that directly or indirectly makes a substantial gift to an attorney who drafted the governing instrument or a person related to the attorney who drafted the governing instrument is void unless the attorney who drafted the governin…