HB 4864 Michigan House · 2023-2024 Regular Session

Probate: trusts; uniform statutory rule against perpetuities; revise to reflect limitation of the personal property trust perpetuities act to certain property. Amends secs. 3 & 5 of 1988 PA 418 (MCL 554.73 & 554.75).

This bill amends Michigan's Uniform Statutory Rule Against Perpetuities to clarify how long certain property interests within trusts can remain unvested. It specifically adjusts the rules for trusts created before the current law, determining when these interests are considered to have started for legal timing purposes. The legislation also explicitly excludes various non-donative transfers, such as divorce settlements and premarital agreements, from these new timing calculations. Additionally, it modifies the time limit for specific powers under the Personal Property Trust Perpetuities Act, extending the review period from 90 years to 360 years for certain second-tier powers. These changes directly affect estate planners, trustees, and beneficiaries by altering how long property can be held in trust without being distributed to heirs.
Bill status passed both 4 of 5 stages cleared
Introduction
Jun 2023
Committee Review
Nov 2024
House Passage
Nov 2024
Senate Passage
Nov 2024
Governor
Introduced Jun 28, 2023 Last action Nov 26, 2024
Floor votes · House Feb 6, 2024

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
17
Key actions
4
Committee
4
Nov 26, 2024
Committee
REFERRED TO COMMITTEE ON CIVIL RIGHTS, JUDICIARY, AND PUBLIC SAFETY
upper
Nov 26, 2024
Upper · Passed
PASSED BY HOUSE WITH IMMEDIATE EFFECT
upper
Nov 14, 2024
Lower · Passed
passed; given immediate effect Roll Call # 355 Yeas 102 Nays 0 Excused 0 Not Voting 8
lower
Feb 6, 2024
Lower · Passed
substitute (H-1) adopted
lower
Oct 25, 2023
Committee
referred to second reading
lower
Oct 25, 2023
Lower · Passed
reported with recommendation without amendment
lower
Jun 28, 2023
Committee
referred to Committee on Judiciary
lower
Jun 28, 2023
Introduced
introduced by Representative Douglas Wozniak
lower
1 primary · 6 co-sponsors

Sponsors