Sec. 2109.
(1) If an individual dies intestate as to all or a portion of his or her estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only under either of the following circumstances:
(a) The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement.
(b) The decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
(2) For purposes of subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
(3) If the recipient of property advanced fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
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.