May 26, 2016, Introduced by Rep. Hughes and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 2404 (MCL 700.2404), as amended by 2000 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 are entitled jointly to the same value
unless the decedent disinherits 1 or more children in his or her
will, in which case only those children not disinherited are
entitled. As used in this subsection, "disinherit" means a decedent
by will expressly stating that a child takes nothing or an amount
less than $10.00 from the estate.
(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 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 expressed
in
this section shall must be adjusted as provided in section 1210.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.