Dependents of deceased person, presumptions, fact questions, termination of dependence, accrual of personal protection benefits
This statute defines what the “dependent” of a deceased person is for purposes of Michigan’s No-Fault Act. A deceased person is defined as someone who has been killed as a result of an automobile accident. A dependent of someone killed in an automobile accident will receive Michigan no-fault survivor loss benefits.
The following are automatically considered dependents under Michigan no-fault law:
1) A spouse who lived with the other spouse at the time of accidental death;
2) A child less than 18 years old, or one who is physically or mentally incapacitated from earning, which the deceased parent lived with or supported regularly.
In all other cases, dependency is determined by the facts at the time of the death. Dependency ends if a surviving spouse is remarried, dies, if a child turns 18 or is no longer incapacitated.
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