Probate Court section updated on rules and forms

By Roberta M. Gubbins Legal News Rules changes, forms changes and recent legislation affecting members of the Ingham County Bar Association Probate Section were the topics covered by George Strander, Ingham County Court Administrator and Probate Register at the Section meeting held at the Michael Franck Building in Lansing, MI on November 20th. Rules Changes "What the Supreme Court is trying to do with the rule changes," said Strander "is to increase the scope of electronic records and to find a way for courts to manage those records. I predict the Probate Court ten years from now will look and operate differently." In Michigan Court Rules (MCR) 1.109, court records are now defined to include the computer methods used by the court to keep track of cases, while discovery materials, exhibits and other matter not filed with the court are not court records, he noted. Administrative rules such as MCR 8.119 "talk about the administration of this 'stuff' in our courts." This rule includes sections on rejecting documents for improper form, access to records as established by the local court rules and fees for copies and online searches. A proposed rule change (MCR 5.801) will require that all appeals from the Probate Court go to the Court of Appeals. Forms Changes The form labeled Notice of Rights to Alleged Incapacitated Individual (PC 626) has been expanded and "now includes a list of 32 rights of a respondent in an adult guardianship matter." The re-named Petition Regarding Real Estate/Dwelling (PC646) requires the approval of the Probate Court before any changes in the ownership or indebtedness of the property in the estate. Under Michigan's Estate and Protected Individuals Code (EPIC), a method to select the person responsible for making the decisions regarding the decedent's remains when there was a conflict. is suggested, however, as yet, there is no form. "There has been pushing from the funeral directors to get a procedure in place if the problem arises," said Strander. "The problem is that it is complicated particularly when it is not necessary to open an estate at all." Drain Appeal forms are available, which are needed since "Ingham County gets a lot of drain appeals. Sometimes we have multiple folks on the same drain issue." The situation arises when the drain commissioner puts in a drain, places the assessment on the land owners who are not pleased with the amount. This decision is appealed to the probate court. "To make the process easier, we made the forms needed for the appeal." Legislation of 2012 Legislation that has been passed and made into law includes: * PA 173 (SB 461 of 2011) The bill includes a number of changes such as an individual convicted of abuse, neglect, or exploitation of decedent will lose inheritance rights; adults placed under a guardianship must receive notification of their rights and the order allowing sale, disposal, mortgage, pledge, or lien-placement of property must be recorded with Register of Deeds. * PA 303 (HB 5237 of 2011) Revision of rebuttable presumption regarding Federal estate tax and generation-skipping transfer tax laws that apply to a will, trust, or beneficiary designation of a person who died in 2010. * PA 63 (HB 4639 of 2011) Allows the funeral home to follow the written choice of service members regarding their funeral arrangements. Other legislation in process includes: * Senate Bill (SB) 1215 allows the Probate Court to assess costs of court-ordered investigation in a minor guardianship action on the parties involved in the proceedings. * House Bill (HB) 5929/5983 that allows a Personal Representative to take control of the decedent's social network or electronic mail service website * HB 5080--Allows three days for prepaid funeral contract buyer to cancel, and cannot cancel if seller in good faith has made substantial beginning of performance of the contract before notice of cancellation * SB 192 of 2011 (Passed Senate)--Would allow value of real estate for calculation of inventory fee to be reduced by the amount of lien/encumbrance/mortgage Strander then explained the procedures that are specific to Ingham County Courts. The plans now call for all documents to be scanned by mid-2013 at which time the Probate court will be paperless. "E-filing," said Strander, "will begin 2013. I want to get to the point where you can file things electronically and pay the fees." The next probate section meeting will be January with an up-date on Federal Estate, Gift and GST Update. Speaker: Mandy Chardoul, CPA, MST, CFP®, Senior Planner, Plante MoranPLLC. For more information please contact Marlaine Teahan mteahan@fraserlawfirm.com Published: Thu, Nov 29, 2012

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