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 Estate— Fiduciary 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