Michigan Laws 700.5428 – Preservation of estate plan; right to examine
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(1) When doing any of the following, the conservator and the court shall take into account the protected individual‘s estate plan as known to them, including a will, a revocable trust of which the individual is settlor, and a contract, transfer, or joint ownership arrangement originated by the protected individual with provisions for payment or transfer of a benefit or interest at the individual’s death to another or others:
(a) Investing the estate.
Terms Used In Michigan Laws 700.5428
- Conservator: means a person appointed by a court to manage a protected individual's estate. See Michigan Laws 700.1103
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
- Protected individual: means a minor or other individual for whom a conservator has been appointed or other protective order has been made as provided in part 4 of article V. See Michigan Laws 700.1106
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
(b) Selecting estate property for distribution under section 5425 or 5426(1).
(c) Utilizing a power of revocation or withdrawal available for the protected individual’s support and exercisable by the conservator or the court.
(2) The conservator may examine the protected individual’s will.