700.3918 Distribution to person under disability.

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Sec. 3918.

(1)A personal representative may discharge the personal representative's obligation to distribute to an individual under legal disability by distributing in a manner expressly provided in the will.

(2)Unless contrary to an express provision in the will, the personal representative may discharge the personal representative's obligation to distribute to an individual under legal disability as authorized by section 5102 or another statute. If the personal representative knows that a conservator has been appointed for an individual or that a proceeding for appointment of a conservator for the individual is pending, the personal representative is authorized to distribute only to the conservator. If the personal representative knows that a guardian of the estate of an individual with a developmental disability has been appointed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or that a proceeding for appointment of a guardian of the estate for the individual with the developmental disability is pending, the personal representative is authorized to distribute only to the guardian of the estate.

(3)If the heir or devisee is under legal disability other than minority, the personal representative is authorized to distribute to any of the following:

(a)A trustee appointed by the court under section 3915(4).

(b)An attorney in fact who has authority under a power of attorney to receive property for that individual.

(c)The spouse, parent, or other close relative with whom the individual under legal disability resides if both of the following are true:

(i)A conservator has not been appointed for the individual.

(ii)The distribution is in amounts not exceeding $25,000.00 a year or property not exceeding $25,000.00 in value, unless the court authorizes a higher amount or value.

(4)A person receiving money or property for an individual under legal disability shall use the money or property only for that individual's support and for reimbursement of out-of-pocket expenses for goods and services necessary for that individual's support. Excess money and property must be preserved for the individual's future support. The personal representative is not responsible for the proper use of money or property by the recipient if distribution is made under the authority of this section.

(5)The dollar amounts described in this section must be adjusted as provided in section 1210.

History: 1998, Act 386 , Eff. Apr. 1, 2000 ;-- Am. 2024, Act 1 , Imd. Eff. Feb. 21, 2024

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