November 30, 2016, Introduced by Reps. Driskell, Darany and Schor and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 2806 (MCL 700.2806).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2806. As used in this section and sections 2807 to 2809:
(a) "Disposition or appointment of property" includes, but is
not limited to, a transfer of an item of property or another
benefit to a beneficiary designated in a governing instrument.
(b) "Divorce or annulment" means a divorce or annulment, or a
dissolution or declaration of invalidity of a marriage, that would
exclude the spouse as a surviving spouse within the meaning of
section 2801. 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 and sections 2807 to 2809.
(c) "Divorced individual" includes, but is not limited to, an
individual whose marriage has been annulled.
(d) "Governing instrument" means a governing instrument
executed by a divorced individual before the divorce from, or
annulment of his or her marriage to, his or her former spouse.
(e) "Relative of the divorced individual's former spouse"
means an individual who is related to the divorced individual's
former spouse by blood, adoption, or affinity and who, after the
divorce or annulment, is not related to the divorced individual by
blood, adoption, or affinity.
(f) "Revocable" means, with respect to a disposition,
appointment, provision, or nomination, one under which the divorced
individual, at the time of the divorce or annulment, was alone
empowered, by law or under the governing instrument, to cancel the
designation in favor of his or her former spouse or former spouse's
relative, whether or not the divorced individual was then empowered
to designate himself or herself in place of his or her former
spouse or in place of his or her former spouse's relative and
whether or not the divorced individual then had the capacity to
exercise the power.