In re Estate of Elsie M. Clemence — Reopening Estates – MCR 5.312; STATE OF MICHIGAN COURT OF APPEALS, December 27, 2017
In re Estate of Guise — Interpretation of Will / Standard of Review / Standard for Facts to Interpret / Interpretation Per Se / Latent and Patent Ambiguities / General Rules of Construction / The Right to Identify verses the Right to Distribute; STATE OF MICHIGAN COURT OF APPEALS, December 19, 2017
In re Groshon Estate Publication — Undue Influence Presumption; STATE OF MICHIGAN COURT OF APPEALS, December 11, 2017
In re Estate of Rebecca L. Clemence Revocable Trust — Evidence for Undue Influence / Presumption of Undue Influence / Testamentary capacity / Implied Summary Disposition / Sequestration; STATE OF MICHIGAN COURT OF APPEALS, December 5, 2017
In re Conservatorship of Shirley Bittner — Rule of Sosnick / Jurisdiction of the Circuit Court / To Form Over Substance – “A Rose by any other name;” STATE OF MICHIGAN COURT OF APPEALS, November 20, 2017
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 Estate; STATE OF MICHIGAN COURT OF APPEALS, March 28, 2017
In re Abe Bansali Living Trust — Court Established Trust / Protective Order; STATE 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 sue; STATE 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 Novo; STATE OF MICHIGAN COURT OF APPEALS, January 6, 2017
