In Re Wilfred Joseph Benedetti Estate and Trust Undue Influence Presumption Holder of Bank Account –  Caregiver Not Sufficient / Undue Influence –  Being a Wife of Beneficiary is not Sufficient Benefit; STATE OF MICHIGAN COURT OF APPEALS, December 18, 2015

In Re Stella D. Jackson Living Trust Law of the case / Duties of Lower Court on Remand; STATE OF MICHIGAN COURT OF APPEALS, November 13, 2015

In Re Estate of Shelby Jean Jajuga Disinheriting a Statutory Allowance –  Vested Right; STATE OF MICHIGAN COURT OF APPEALS, November 2, 2015

Brown v. Geri Garcia Ademption / Undue Influence –  Retroactivity / Opinion Evidence Varying the Terms of the Trust; STATE OF MICHIGAN COURT OF APPEALS, October 27, 2015

In Re Mardigian Estate Violation of Public Policy – Effect / Michigan Rules of Professional Responsibility – As Public Policy / Void Documents; STATE OF MICHIGAN COURT OF APPEALS, October 19, 2015

In Re Conservatorship of Shirley Bittner  Conservatorship / Standard of Review / Inability to Manage; STATE OF MICHIGAN COURT OF APPEALS, September 18, 2015

In Re Estate of Gerald R. Mahoney Trust & Nancy W. Mahoney Trust  Breach of Fiduciary Duty – Self-Dealing / Undue Influence / Mental Capacity / Terror Clauses – Probable Cause; STATE OF MICHIGAN COURT OF APPEALS, September 3, 2015

In Re Sell Estate  Summary of Disposition without Discovery / Self-Gifting / Definition of Fiduciary; STATE OF MICHIGAN COURT OF APPEALS, August 27, 2015

In Re Ernest W. Hamady Trust  Four Corners Doctrine – Perversion / Definition of Ambiguity / Discretionary Distribution v. Beneficiary’s Right of Withdrawal / Trust Interpretation; STATE OF MICHIGAN COURT OF APPEALS, August 20, 2015

In Re St. Thomas Estate  Attorney Surcharge  – Act of Another / Misappropriation of Client Proceeds / Denial of Evidentiary Hearing / Inherent Power to Sanction; STATE OF MICHIGAN COURT OF APPEALS, August 13, 2015

In Re Robert Winfield Cederquist Revocable Trust Undue Influence / Fiduciary Relationship / Poisoned Mind Model; STATE OF MICHIGAN COURT OF APPEALS, August 5, 2015

In Re John D. Dospoy Revocable Living Trust  Notice of Trust Provision – Oral / Four Corner Doctrine; STATE OF MICHIGAN COURT OF APPEALS, July 22, 2015

In Re Estate of Cliffman Wrongful Death Distribution / Child of the Deceased Spouse / Referral Fees to Probate Estate Attorney / Separate Fee for Probate Estate Attorney; STATE OF MICHIGAN COURT OF APPEALS, July 13, 2015

In Re Estate of Clark  Medicaid Recovery / Notice Provisions; STATE OF MICHIGAN COURT OF APPEALS, July 6, 2015

Re Brian A. Trupp v. Deborah Naughton and Donna Duncan  Trust Termination / Extrinsic Evidence / Patent — Latent Ambiguity / Disqualification; STATE OF MICHIGAN COURT OF APPEALS, June 29, 2015

In Re Estate of Bentley  Enforcement of Separate Maintenance Agreement Post Mortem / Sanctions; STATE OF MICHIGAN COURT OF APPEALS, June 22, 2015

In Re Conservatorship of Brandon M. Owens, a Minor  Limits on Expenditure for Necessity / Deriving Person Benefit (Parental Financial Obligation) / Statutory Facts to Consider; STATE OF MICHIGAN COURT OF APPEALS, June 15, 2015

In Re Mary Ann O’Neill Revocable Trust  Fees on Fees – Exception / Law of the Case / Attorney Fee Rate for Fiduciary Services / Attorney Fees – Duplication of Effort / Burden of Proof and Shifting Burden of Proof / Sloan – Exception; STATE OF MICHIGAN COURT OF APPEALS, June 4, 2015

In Re Estate of Robert W. Easterly  Sanctions / Attorney Fees / Orders Converted to Judgments / Evidentiary Hearings / Sua Sponte Granting a Summary Disposition; STATE OF MICHIGAN COURT OF APPEALS, May 29, 2015

In Re Estate of Hornak  Clearly Erroneous – Definition / Growing Crops Passing with Real Estate and Exceptions / Due Process; STATE OF MICHIGAN COURT OF APPEALS, May 13, 2015

In Re Estate of Keyes  Statutory Interpretation – Expressio Unius Est Exclusio Alterius / Medicaid Recovery Act – Requirements / Due Process; STATE OF MICHIGAN COURT OF APPEALS, May 4, 2015

In Re Alexandra Rae McMullen, Demi Marie McMullen, and Ashleigh Rose Butler Irrevocable Trust  Defense of Fiduciary / No Action if Breach and No Damages / Summary Disposition / Self-Dealing; STATE OF MICHIGAN COURT OF APPEALS, April 20, 2015

In Re Darrell V. Wright Trust Agreement  Right of State to Recover Costs of Incarceration / What is a Discretionary Trust?; STATE OF MICHIGAN COURT OF APPEALS, April 13, 2015

In Re Estate of Patrick J. Mikes, Sr. — Slayers Statute / Meaning of Intent / Rule of Harmonious Whole / Evidentiary Hearing; STATE OF MICHIGAN COURT OF APPEALS, April 7, 2015

In Re Stanley A. Seneker Trust — Subject Matter Jurisdiction / Change of Situs / Reversal of Lower Court / Prior Documents Different from Present Documents – Evidence of Change of Intent; STATE OF MICHIGAN COURT OF APPEALS, March 30, 2015

In Re Estate of Dolores C. Soltys — Joint Bank Accounts / Presumption of Survivorship; STATE OF MICHIGAN COURT OF APPEALS, March 23, 2015

In Re John Markoul Living Trust — Entireties Property and Marital Trust / Spouses Ability to Get Exempt Property from Trust; STATE OF MICHIGAN COURT OF APPEALS, March 16, 2015

Lindita Pirgu, Guardian and Conservator of Feridon Pirgu, a Legally Incapacitated Person, v. United States Automobile Association, d/b/a USAA Insurance Agency, Inc. In Re Carroll Revisited / First Party Benefits: – Attorney Fees – Effect of Contingent Fee Conduct; – Fiduciary Fees; STATE OF MICHIGAN COURT OF APPEALS, March 9, 2015

In Re Poling EstateFiduciary Fees; STATE OF MICHIGAN COURT OF APPEALS, March 2, 2015

In Re Conservatorship of Rita June Sivers — Conflict of Interest / Prior Representation / Waiver of Conflict of Interest; STATE OF MICHIGAN COURT OF APPEALS, February 23, 2015

In Re Patulski Estate — Stay of Appeal / Probate Benchbook as Reference / Appointment of Fiduciary; STATE OF MICHIGAN COURT OF APPEALS, February 5, 2015

In Re Estate of Stewart Ellsworth Hummer — Standard of Appeal – Surcharge / Disregarding Unrebutted Testimony / Relation Back Doctrine Pro and Con; STATE OF MICHIGAN COURT OF APPEALS, February 4, 2015

In Re Wetsman Estate — Notice of Hearing to Interested Parties / Sanctions / Attorneys Lien / Subject Matter Jurisdiction / Effective Partial Reversal; STATE OF MICHIGAN COURT OF APPEALS, January 22, 2015

In Re Lillian M. Faulhaber Trust — In Re Hammond / Assessment Fiduciary Fees Successful Defense; STATE OF MICHIGAN COURT OF APPEALS, January 20, 2015

In Re Estate of Joyce Gail Blohm — Latent Ambiguity / Extrinsic Evidence / Including Non-Probate Asset as a Probate Asset; STATE OF MICHIGAN COURT OF APPEALS, January 19, 2015

In Re Bisbikis Trust — Time of Appeal / Documents as Amendments to Trust; STATE OF MICHIGAN COURT OF APPEALS, January 8, 2015

 

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