Michigan Laws 700.2906 – Manner of delivery; filing with court
Current as of: 2023 | Check for updates
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(1) A disclaimer must be delivered in 1 of the following manners:
(a) By personally handing it to the person to whom it is to be delivered or to a fiduciary representing that person.
Terms Used In Michigan Laws 700.2906
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes , but is not limited to, an agent, a conservator, a guardian if no conservator has been appointed, a guardian ad litem, a personal representative, a trustee, a probate court acting through a protective order under this act, and a temporary, successor, or foreign fiduciary. See Michigan Laws 700.2901
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an entity and an individual, but does not include a fiduciary, an estate, or a trust. See Michigan Laws 700.2901
- Probate: Proving a will
- Property: means anything that may be the subject of ownership. See Michigan Laws 700.2901
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) By enclosing it in a sealed envelope with first-class postage fully prepaid, addressed to the person to whom it is to be delivered or to a fiduciary representing that person, and depositing the envelope and its contents in the United States mail.
(c) By another means that is reasonably likely to accomplish delivery to the person who is to receive the disclaimer or to a fiduciary representing that person.
(2) If delivery is to be made to a fiduciary, the following apply:
(a) If a fiduciary is not currently serving, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction to entertain proceedings to appoint or qualify the fiduciary.
(b) If the fiduciary cannot be located, the delivery of the disclaimer is made by filing the disclaimer with the probate court that has jurisdiction over the fiduciary.
(3) A copy of a disclaimer may be filed in a probate court where proceedings are pending concerning the disclaimed interest or in a probate court that would have jurisdiction if proceedings were commenced. If the disclaimed interest pertains to real property, a copy of the disclaimer may be recorded in the office of the register of deeds of the county in which the property is located.