Bill Text: MI HB5503 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Courts; jurisdiction; appellate review of certain court orders by probate court; preclude. Amends sec. 1303 of 1998 PA 386 (MCL 700.1303).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2016-10-19 - Assigned Pa 287'16 With Immediate Effect [HB5503 Detail]

Download: Michigan-2015-HB5503-Engrossed.html

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HB-5503, As Passed Senate, September 7, 2016

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5503

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 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.

 

     (k) Bar an incapacitated or minor wife of her dower right.

 

     (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. , except by appeal or

 

review as provided by law or supreme court rule, and the action or

 

proceeding shall be prosecuted in the probate court as a probate

 

court 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 632 of the 98th Legislature is enacted into

 

law.