Bill Text: MI SB0885 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Probate; wills and estates; final disposition of decedent remains; require that directions left by a decedent be followed. Amends 1998 PA 386 (MCL 700.1101 - 700.8102) by adding sec. 3210.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-10-06 - Referred To Committee On Judiciary [SB0885 Detail]
Download: Michigan-2009-SB0885-Introduced.html
SENATE BILL No. 885
October 6, 2009, Introduced by Senator VAN WOERKOM and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8102) by adding section 3210.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3210. (1) An individual may, in a writing signed and
dated by the individual, direct the funeral arrangements to be
provided after his or her death and the handling and disposition of
his or her remains. The person who has the rights and powers to
make decisions regarding the funeral arrangements and the handling
and disposition of the remains under sections 3206 to 3208 shall
materially follow the directions to the extent allowed by law, if
both of the following requirements are met:
(a) The directions are sufficiently clear, complete, and
detailed so as to not present any material ambiguity.
(b) Arrangements have been made to pay for the directed
funeral arrangements and handling and disposition of the remains
through a trust, insurance, a commitment by another person, or
other effective and binding means.
(2) If an individual who makes a writing described in
subsection (1) later makes another writing that meets the
requirements of subsection (1) and that contains directions
contrary to the directions in the earlier writing, the later
writing prevails.
(3) If the arrangements to pay described in subsection (1)(b)
will not completely pay for the directed funeral arrangements and
handling and disposition of the remains, the directions for which
arrangements to pay have not been made shall be carried out only to
the extent that the decedent's estate has sufficient assets to pay
or the person that otherwise has the rights and powers to make
decisions regarding the funeral arrangements and the handling and
disposition of the remains under sections 3206 to 3208 agrees to
pay.
(4) If directions described in subsection (1) are contained in
the individual's will, the directions shall be followed immediately
on the individual's death, regardless of whether the will is valid
in other respects or has been offered for or admitted to probate.
