Kemp Klein

 

In re Jaye Trust

 


 

In re Vanpoppelen Guardianship

 


 

In re Ross IV Irrevocable Trust

 


 

In re Williams Estate

 




 

Morrow successful in securing complete dismissal of lawsuit

Raymond L. Morrow was successful in securing a complete dismissal of a lawsuit brought in Oakland County Circuit Court against a client, who had previously been president of the company that sued him, after the client resigned and went into competition with his former employer. The lawsuit was for breach of fiduciary duty, misappropriation of trade secrets, conversion, interference with business relationships, defamation and conspiracy. The Plaintiff company sought more than one million dollars in damages, but as a result of the dismissal, recovered nothing.

 


 

Probate attorney Alan A. May has continued to develop methods to ensure that the intent of an Estate Plan is carried out without interruption.

Probate attorney Alan A. May has continued to develop methods to ensure that the intent of an Estate Plan is carried out without interruption.
Recently the Oakland County Probate Court entered an Order, during the lifetime of a client finding and determining that his Trust was valid and that he was competent and not subject to undue influence. The facts were simple. The client had 12 children and did not care for 10 of them. He favored two. We wrote a Trust and petitioned the court to declare it valid. We served the 12 children, not only with a copy of our petition, but with the Trust itself. Our theory was it is easy to speak about your parent after his death, but difficult to look him in the eye while he is still alive. The court agreed, and we got our Order.

Some people may prefer to keep their Estate Plan secret, and also to minimize conflict during their lifetime. These, of course, are valid considerations to weigh against the above approach.

 


 

Zawideh gets large collection case thrown out of court

Plaintiff, a national debt collection firm that buys and collects on defaulted loans across the country, filed suit against a client of Robert S. Zawideh seeking to recover an alleged outstanding debt in excess of $105,000 plus interest and costs. Instead of filing an answer, or conducting any discovery on the issue, Zawideh filed a motion for summary disposition (a motion to dismiss the lawsuit) based in part on the fact that the Plaintiff failed to attach to its complaint any proof that it bought the debt from the Defendant’s original lender. In response, Plaintiff attached to its answer to the motion a copy of the contract between the original lender and the Defendant. Plaintiff also attached a document it claimed to be an assignment. Comparing the document to a blank deed to real estate, Zawideh argued that the alleged assignment was fatally defective because it made no mention of the contract between the original lender and the Defendant. The Court agreed and granted Zawideh’s motion for summary disposition and dismissed the Complaint.

 


 

Buttiglieri and Feliksa Defeat Paper-Plate “Will” through Arbitration

Joseph P. Buttiglieri and Tracy L. Feliksa represented three brothers contesting the validity of a note written on a paper plate, which was purported to be their father’s last will and testament. The paper plate was kept in the daughter’s home and shown to her brothers only after her father’s death. The daughter would be the only one of the four children to benefit if the paper plate was determined to be the man’s will and was admitted to probate. The paper plate contained cryptic words that, if read as the daughter argued, would have required that the man’s liquid assets be used to pay-off the loans on his house and that the house be given to his daughter. It would have resulted in an effective disinheritance of his three sons.

Words written on a paper plate might serve as a valid Will under Michigan law, under one of three scenarios: (1) it is witnessed by at least two individuals and is signed by the testator, (2) it is a “holographic will” in which the material provisions are in the testator’s handwriting and it is signed and dated by the testator; or (3) it is shown by clear and convincing evidence that the decedent intended the document to be his Will. In this case, the paper plate was not witnessed and did not contain the full signature of the decedent- only his initials. The daughter argued that the paper plate still met Michigan’s holographic statute and that the father intended for the paper plate to be his Will.

Buttiglieri and Feliksa argued against admission of the paper-plate on the basis that (1) the initials did not meet the requirements of Michigan’s holographic statute;  (2) that the paper plate was the product of undue influence by the daughter, on whom the decedent had come to depend after his beloved wife’s death; and (3) that even if the plate was determined to be a testamentary document, the words on the plate did not make a devise of the decedent’s home to his daughter but rather were a list of directions for her to follow upon his death. Buttiglieri and Feliksa defeated a motion for summary disposition, and the parties proceeded to a two-day arbitration hearing.

The evidence presented was used to try to establish a presumption of undue influence by the daughter over the father- that he acted against his natural inclinations when writing the paper plate. Buttiglieri and Feliksa were able to demonstrate that although the father had a good relationship with each of his children, he became dependent on his daughter. Testimony from family, text messages, and old financial documents were used to illustrate the father’s severe depression after the death of his wife, his increasing social isolation and dependence on his daughter, and his fear of doing anything without her approval.

Buttiglieri and Feliksa also argued that the words on the paper plate lacked clarity of intention and could be interpreted as a list of instructions to the daughter, rather than a devise of the father’s house. They were able to discredit the daughter’s two surprise witnesses who testified that the father intended to leave his house to his daughter. One was a cousin who coincidentally also had been the beneficiary of a “surprise” deed, produced after death, devising a house from her grandmother. The other was a neighbor, who when cross-examined, changed his testimony. Opposing testimony was provided to support the sons’ position that the decedent and his late wife had always wanted their estate divided equally between the four children.

The arbitrator concluded that the evidence provided by the daughter was not convincing enough to show that the paper plate stood as a clear and accurate depiction of the decedent’s intent. Additionally, no evidence was provided to show that the decedent intended the initials to be his signature. The arbitrator agreed that the words on the plate were ambiguous, and did not clearly indicate that the decedent wanted his daughter to have his house after death. The paper plate was not admitted to probate, and the sons were able to share equally in their father’s estate.

 

 


 

Zawideh and Bisio Reinstate Guardianship and Conservatorship Petitions

Robert Zawideh and Richard Bisio were retained by a brother and sister whose petitions for guardianship and conservatorship over their elderly mother were denied by the probate court.  Previously, the brother and sister, who were two of ten adult children, were represented by an attorney who did not notify them until nine days before trial that he had a scheduling conflict that prevented him from representing them at trial, and that they needed to find replacement counsel.  Despite their best efforts, the clients were unable to obtain substitute counsel in such a short time.  As a result, the day before the trial was to begin, the former lawyer filed a motion for withdrawal that was immediately granted (the order of withdrawal was time-stamped at 9:00 a.m. that same day).

Without trial counsel, subpoenaed witnesses, or exhibits, the brother and sister had no chance against their opponent, a seasoned, highly regarded probate trial attorney.  After the court dismissed their petitions, Bisio and Zawideh defeated counsel’s efforts to have the probate court impose a $70,000.00 sanction against their client.  Then, Zawideh and Bisio succeeded in convincing the Court of Appeals to vacate the orders dismissing those petitions, and to give their clients their day in court.