ARCHIVED SUMMARIESresources_long

In re Thomas Rowe Stockton Trust  Liability of Trustee for losing a civil action / Good faith defense / Trial Judge in best position to decide good faith of a trial before her / In re Hammond; STATE OF MICHIGAN COURT OF APPEALS, November 3, 2017

In re Estate of Dietrich  Class gift verses individual gift / Anti-lapse statute; STATE OF MICHIGAN COURT OF APPEALS, October 26, 2017

In re Guardianship of Dorothy Redd  Removal of Fiduciary – Standard of Proof / Standard Different from Appointment of Fiduciary / Mentioning discretion is not error when Judge recognizes that he is merely deciding a question of fact / Clear and Convincing Evidence / Undue Influence and Sequestration / Impeding Visitation; STATE OF MICHIGAN COURT OF APPEALS, September 25, 2017

In re Estate of Wetsman  In pro Se – Can’t get attorney fees as sanctions / In Pro Se – Other rights / Non-prevailing fiduciary personally liable for attorney fees – conflict among court of Appeals panels; STATE OF MICHIGAN COURT OF APPEALS, September 18, 2017

In re Estate of Poston  Award of attorney fees to losing party / Award of attorney fees to wrong-doing fiduciary / Failure to remove a wrong-doing fiduciary may not be error / Post hoc duty to account to a new interested person for a period prior that person’s interest developing / Deciding which of two documents govern; STATE OF MICHIGAN COURT OF APPEALS, September 12, 2017

In re Williams Estate  Undue influence – ability vs. control vs. exercise of that ability / lack of capacity / Third party discretionary payments are like powers of appointment / Presumption of competency to make will / Conclusory statements do not constitute evidence of facts / Ability to understand a fact is relevant, not that a fact was or was not understood; STATE OF MICHIGAN COURT OF APPEALS, August 17, 2017

In re Estate of Coats  Estate rights of levy against beneficiaries of annuity/ Exemptions; STATE OF MICHIGAN COURT OF APPEALS, August 10, 2017

In re H&L Brennan Distributors, Inc. Laches – Time Period May Not Be Relevant – Party to be charged must be prejudiced / Statute of Limitations – Specific Over General / Standards of Review – C7-C4-C10 / Statute of Limitations – Revival – Must Be Unqualified / Fraudulent Concealment – Must Be Pleaded with Particularity / Subject Matter Jurisdiction Regarding Breach of Limited Liability Company Act; STATE OF MICHIGAN COURT OF APPEALS, July 20, 2017

In re Estate of Loretta Pellegrini Standard of Appeal / Contract Construction – de novo / Substantial Compliance – Trumps failure to process request – Requirements attempted beyond contract; STATE OF MICHIGAN COURT OF APPEALS, July 10, 2017

In re Estate of Marian I. Cary  In re Sloan / In re Keyes –Medical Reimbursement / Attorney Fees / Burdens of Proof/Standard of Appeal / State Bar Standards; STATE OF MICHIGAN COURT OF APPEALS, June 23, 2017

In re Estate of Donnelly  Standing – Creditor / Standard on Appeal / Statutory Interpretation and Standing; STATE OF MICHIGAN COURT OF APPEALS, April 25, 2017

In re Estate of Ilko Podolak, deceased Reading Statutes in Pari Materia / Undue Influence – Varying Burdens / Joint Account Relationships; STATE OF MICHIGAN COURT OF APPEALS, April 12, 2017

In re Estate of Vandecar Notice of Attorney Fees / Failure to Assert A Claim in Lower Court – Substantial Rights / Court Approval Regarding Sale of Real EstateSTATE OF MICHIGAN COURT OF APPEALS, March 28, 2017

In re Abe Bansali Living Trust — Court Established Trust / Protective OrderSTATE OF MICHIGAN COURT OF APPEALS, March 16, 2017

In re Estate of Tyler Jacob Maki v. Victor Coen, Sommers Schwartz, P.C.  Maki v. Coen third parties have no standing to sueSTATE OF MICHIGAN COURT OF APPEALS, February 22, 2017

In re Perry Family Living Trust  Construction of Trusts – Granting Power of Appointment Nullifies Specific Bequests of Property Subject to Marital Appointment Unless the Appointment Is Not Exercised / Construction of Trust Reviewed De NovoSTATE OF MICHIGAN COURT OF APPEALS, January 6, 2017