Sec. 2104.
An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period. This section does not apply if its application would result in a taking of the intestate estate by the state under section 2105.
History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)
386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114)
Section 700.2101 - Intestate Estate.
Section 700.2102 - Share of Spouse.
Section 700.2103 - Share of Heirs Other Than Surviving Spouse.
Section 700.2104 - Requirement That Heir Survive Decedent for 120 Hours.
Section 700.2105 - No Taker; Effect.
Section 700.2106 - Representation.
Section 700.2107 - Relative of Half Blood.
Section 700.2108 - Afterborn Heirs.
Section 700.2109 - Advancements.
Section 700.2110 - Debts to Decedent.
Section 700.2113 - Individuals Related to Decedent Through Two Lines.