Bill Text: MI HB6071 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Probate; wills and estates; reference to "husband and wife"; revise to "married couple". Amends sec. 2801 of 1998 PA 386 (MCL 700.2801).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-12-01 - Bill Electronically Reproduced 11/30/2016 [HB6071 Detail]

Download: Michigan-2015-HB6071-Introduced.html

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HOUSE BILL No. 6071

 

 

November 30, 2016, Introduced by Reps. Driskell and Darany and referred to the Committee on Judiciary.

 

     A bill to amend 1998 PA 386, entitled

 

"Estates and protected individuals code,"

 

by amending section 2801 (MCL 700.2801), as amended by 2016 PA 57.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2801. (1) An individual who is divorced from the decedent

 

or whose marriage to the decedent has been annulled is not a

 

surviving spouse unless, by virtue of a subsequent marriage, he or

 

she is married to the decedent at the time of death. A decree of

 

separation that does not terminate the status of husband and wife

 

married couple is not a divorce for purposes of this section.

 

     (2) For purposes of parts 1 to 4 of this article and of

 

section 3203, a surviving spouse does not include any of the

 

following:

 

     (a) An individual who obtains or consents to a final decree or

 

judgment of divorce from the decedent or an annulment of their

 

marriage, which decree or judgment is not recognized as valid in

 

this state, unless they subsequently participate in a marriage

 

ceremony purporting to marry each to the other or live together as

 

husband and wife.a married couple.

 

     (b) An individual who, following an invalid decree or judgment

 

of divorce or annulment obtained by the decedent, participates in a

 

marriage ceremony with a third individual.

 

     (c) An individual who was a party to a valid proceeding

 

concluded by an order purporting to terminate all marital property

 

rights.

 

     (d) An individual who, at the time of the decedent's death, is

 

living in a bigamous relationship with another individual.

 

     (e) An individual who did any of the following for 1 year or

 

more before the death of the deceased person:

 

     (i) Was willfully absent from the decedent spouse.

 

     (ii) Deserted the decedent spouse.

 

     (iii) Willfully neglected or refused to provide support for

 

the decedent spouse if required to do so by law.

 

     (3) For purposes of section 3206, a surviving spouse does not

 

include either of the following:

 

     (a) An individual described in subsection (2).

 

     (b) An individual who is a party to a divorce or annulment

 

proceeding with the decedent at the time of the decedent's death.