Michigan Compiled Laws
Mich. Comp. Laws § 700.2108 (2026)
Afterborn heirs.
✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2108 Afterborn heirs.
Sec. 2108.
An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPICNotes of Decisions
Cited in 5
cases, 2012–2016 · leading case: in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012).
in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). “Plaintiff’s twins were not in gestation at Jeffery’s death, so no inheritance rights vested in them at that time pursuant to MCL 700.2108, and because the twins were not living at the time of his death, they had no inheritance rights as his heirs under MCL 700.”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). “2114(3) provides that a termination of parental rights precludes a parent from inheriting: The permanent termination of parental rights of a minor child by an order of a court of competent jurisdiction; .”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “190B § 2-302 (2012); Mich. Comp. Laws Ann. § 700.2108 (2002); Minn.”
in Re Koehler Est. (Mich. Ct. App. 2016). “MCL 700.2108. -3- Sherry Bierkle is Kenneth’s first cousin on his mother’s side.”
in Re Certified Question (Mattison v. Soc SEC) (Mich. 2012). “The parties shall file supplemental briefs within 35 days of the date of this order addressing whether Michigan’s afterborn heirs statute, MCL 700.2108, is determinative of the question.”
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