In Re Herbert Irrevocable Family Trust

May 5, 2025

Settlor established a special needs trust. Blackacre to Appellee, worth about $1,200,000.00, $30,000.00 to each Appellants. Appellee, as trustee didn’t think, postmortem, there was enough liquidity in the trust to pay Appellants their expectancy, so (instead of simply borrowing the money), he voluntarily entered into a non-judicial modification agreement providing for Appellees partial disclaimer, the sale of Blackacre and an equal division of the proceeds.

In Re BJH Conservatorship

April 17, 2025

Appellant was fiduciary for BJH (donee power of attorney). Allegations of delinquency were made by Appellee and later by a Court appointed Guardian Ad Litem. Appellant was removed as donee and ordered to account and disgorge. Objections were filed to accounting.

In Re Gjebic Estate

April 2, 2025

This matter had been before the Court of Appeals prior to the instant appeal. In the last appeal, Appellant challenged a settlement agreement he entered into with “John” which “John” would receive 42 percent of the estate and Appellant 58 percent. In some small detail, the estate was reopened to seek Contempt for Appellants not complying with the Court’s orders.

In Re Sherrod Estate

March 26, 2025

Decedent, during his lifetime, believed that daughter was mishandling decedent’s money. Decedent had a fractured relationship with Appellant and a close relationship with daughter. Daughter was delineated in some manner to benefit from the structuring of a credit union account. The Court doesn’t say how she was to have benefited.

In Re Ragsdale Trust

February 26, 2025

Appellant timely appealed an order challenging the fees of fiduciary. Instead of addressing that singular issue, Appellant argued previous orders beyond the time afforded for an appeal on those issues. Appellant sought to Leave to Appeal to the Michigan Supreme Court.

In Re Frankford Estate

February 25, 2025

Decedent, while alive, went to an attorney for an estate plan. Documents were prepared and sent to decedent. She never signed the documents and sat on them for years. Decedent left a handwritten document saying who gets what. This too was unsigned.

In Re AMS Guardianship

February 18, 2025

Appellant and Appellee petitioned to be guardian of Appellant’s wife and Appellees spouse was appointed. Controversey ensued when guardian blocked access for visitation by Appellees.

In Re Haist Estate

February 18, 2025

Petitioners Appellants were a child of decedent and an ex-wife. “Ex” claimed to be owed money because of a judgement of divorce. Child wished to be appointed P.R. under a Will.

In Re Skerski v Lumsden

January 29, 2025

This matter was brought in a Circuit Court by a vendee seeking specific performance of a land contract. Conservator defended claiming ward did not have capacity to contract. Evidence was introduced both ways.

In Re Harrison Trust

January 28, 2025

An apparent wrongdoer can use the judicial process to avoid detection. After many attempts to avoid detection, it was discovered that money, apparently held in an IOLTA account was gone.

In Re Jones Estate

January 6, 2025

Appellant was a son of deceased. He had a history of abuse of his mother, but as she aged he moved in with her and became her caregiver. Son took mom to an attorney who drafted a Will leaving the residence to son which differed from the antecedent testamentary document.

In Re Nothnagel Estate

November 27, 2024

Appellee is an attorney. He rendered services to decedent during her lifetime while under conservatorship including eligibility for Medicaid Benefits. In his words, he withheld billing services because he wanted to make sure, if necessary, ward’s cost of care could be paid.

In Re FKS

November 22, 2024

Appellant faced a petition for involuntary treatment brought forth by a hospital social worker. Counsel was appointed and an agreement was made as to length of stay. A new petition was brought with the same result – the new petition was brought at the request of Appellant.

In Re Estate of Pope

November 22, 2024

Decedent executed a customized form Will in the office of an attorney. Two witnesses signed. Appellee obtained admission of the Will through informal proceedings under MCL 700.2504. Appellant objected, saying the Will should be set aside because of faulty execution.

In Re Reed Trust

November 19, 2024

Decedent left a Will and Trust. Appellee said the Michigan land went to him. Same was delineated as “membership certificates of an LLC.” Residue to Appellant. Since there was no LLC established, Appellant believed the land went to the trust and thence to him.

In Re Siklich Revocable Trust

November 15, 2024

Appellant somehow created a trust for his mother naming himself as trustee and beneficiary of mom. The sister of mom gave mom a substantial inheritance. That inheritance was transferred over to this trust, not an antecedent trust.

In Re Philpot Estate

November 4, 2024

Deceased husband, during his lifetime, entered into an agreement with his wife who was not the mother of husband’s children. The agreement provided that husband was conveying real estate to wife by the entireties. The property at issue in this case was not conveyed in the agreement and remained in the name of husband.

In Re Steves Separate Property Trust

October 29, 2024

A trust was registered in Florida. Appellant was the trustee and was removed. He now objects to the current trustee’s 5th Annual Account. He objected that the SCAO short form was used and not the long form.

In Re Hernandez Supplemental Needs Trust

October 22, 2024

Hector settled a Circuit Court lawsuit. The Court ordered the establishment of special needs trust. One was drawn naming Appellant as a residuary beneficiary. The trust was signed by the prospective trustee. Hector never signed the trust.

In Re Conservatorship of WR

October 16, 2024

A conservatorship estate owned Blackacre and personal property situated thereon. Appellant submitted an offer to purchase the real estate for $15,000.00 over the listed price with a $5,000.00 escalator and with contingencies. Maximum of $75,000.00 over the listing price. Ultimately, buyer offered $40,000.00 over listing price plus.

In Re Guardianship of AMMB

September 3, 2024

This matter of Guardianship of an adult was considered by the lower Court under the Mental Health Code, not EPIC. In a published opinion, the Court of Appeals covers many issues which would be helpful to the practitioner. In removing mom as co-guardian, the panel said, “the hatred among the parties is very obvious and not in the best interest of (the ward).”

In Re Jaye Trust

June 26, 2024

The parties litigated the issue of what if any fees should be paid for establishing a conservatorship and by whom or what. The parties entered into a stipulated order stating that the trust of the ward of conservatorship shall pay the fees. Then the Court entered a new order directing the parties to submit documentation as to how the entities were benefitted.

A Fiduciary’s Duties and Fees In The Determination of Heirs Process

June 13, 2024

To what extent can a fiduciary of an estate or trust involve himself, herself in the process in the determination of heirs? The answer depends on context. Beware of the issues and research the issue wherever you are. If a search is necessary to give notice or distribution, do it and follow the rules of due diligence as suggested above.on context. Beware of the issues and research the issue wherever you are. If a search is necessary to give notice or distribution, do it and follow the rules of due diligence as suggested above.

In Re Malloy Guardianship and In Re Jenkins Guardianship

June 6, 2024

This Michigan Supreme Court case emanates out of a request for payment to a guardian by an insurance company for services rendered by employees of guardian who is determined to be a professional guardian.

In Re Soble Revocable Trust

May 30, 2024

Appellant and Appellee, son of deceased and spouse were co-fiduciaries of dad’s trust. Spouse disclaimed her right to principal, not income. At the pertinent time, son administered the trust, including accounting without concurrence by mom, co-trustee.

Is a Restriction in a Partnership Valid When It Conflicts with a Right of Inheritance?

May 15, 2024

Partnership agreements routinely restrict the assignment of ownership interests unless the remaining partners consent to the transfer. Many of those Partnership transfer clauses allow for transfer without consent if the assignment is to a family member or acquisition is through the right of inheritance.

In Re December 23, 2002 Restatement of the Stolaruk Living Trust

April 19, 2024

Husband and wife had separate trusts. Wife’s trust gave husband a power of appointment. Though limited, the assets conveyed by the power could ultimately reside in a limited group or a broader group. Husband exercised the power contrary to the interests of Petitioner, Appellant.

In Re Eyde Trust

April 15, 2024

Appellees sought to use the jurisdiction of the Probate Court in Michigan, as the assets were in Michigan, the lower Court entertained jurisdiction. The first thing that the Court of Appeals ruled on whether Michigan still had jurisdiction and determined under MCL 700.7205 that it has jurisdiction to continue to entertain matters before it.

In Re Williams Trust

March 14, 2024

This is a matter of trust interpretation. The lower Court decided the matter on a petition for instruction. The two decedents each had two children from previous marriages.

In Re Jarman v Jarman

February 21, 2024

Appellee in the lower Court alleged Appellant, his co-fiduciary, defrauded him and he sued. Appellant did not answer after multiple notices. Later, Appellant moved to set aside a default judgment entered against him.

In Re Guardianship of IS

February 9, 2024

Appellant was a co-plenary guardian. Her actions and lack of actions caused a consternation to the ward’s father and her co-fiduciary. She ignored directives and orders of the lower Court. At a hearing she was removed sua sponte when no petition had been filed requesting that relief.

In Re Sizick Estate

February 8, 2024

This is the third Appeal by the same family to transfer assets to a community spouse. In each Appeal the lower Court ruled with the community spouse and purported to take the non-community spouse’s needs and expenses into consideration and three times the Court of Appeals said it hadn’t.

In Re Scott Estate; In Re Scott Trust

January 23, 2024

The Probate Court had subject matter jurisdiction to set aside the lady bird deed. This, unlike the Will and the Trust contest, was in rem not quasi in rem. Therefore, it is the Court that decides.

In Re Gordon Revocable Trust

December 27, 2023

Appellee and Appellant, two siblings, arbitrated a corporate buyout. An accounting firm was engaged to determine the amount necessary one side need pay to another. This accountant’s summary was submitted to the arbitrator and became part of the arbitrator’s decision.

In Re Brohl Estate

December 14, 2023

Decedent, while alive, did not like a certain party, not a party to this matter, continuing with the management of his affairs. He elected, while apparently competent, to execute a Durable Power of Attorney with the Defendant. The Power of Attorney allowed gifting in the discretion of the donee of the power.

In Re Arliss Estate

December 12, 2023

This matter reviews applicable law as to the duties of a fiduciary and liability for negligence. Defendant, Findling was a fiduciary and was charged by Plaintiffs with negligence. The lower Court found no negligence and dismissed the Complaint.

In Re Hall Trust

December 7, 2023

The factual situation before the lower Court was whether an inter vivos transfer of an asset to one trust distributee was a gift or an advancement. Two distributees allege that it was an advancement and sought discovery. A non-spoilation letter was sent out. Without going into each and every electronically stored information request (ESI), Appellant did not, in the opinion of the lower Court, comply.

The Private Benefit Doctrine and Tax-Exempt Entities

November 27, 2023

Charitable organizations are exempt from income tax under Internal Revenue Code (IRC) §501(c)(3) if they are both organized and operated exclusively for one or more of the public purposes specified in that code section. An organization failing to meet either an organizational test in its formation documents or an operational test in actual practice is not exempt.

In Re Johnson Estate

November 7, 2023

Appellee inquired of her brother whether decedent had a Will and demanded it from her brother/Appellant. If he had it, he never answered. Appellant lived in decedent’s home rent free. Taxes were not being paid. Appellee started an intestate informal proceeding.

In Re Brudek Estate

November 3, 2023

Mom owned Blackacre since 2015. She had a male friend with whom she shared a relationship since 2009. In 2018, Appellee’s daughter came to Michigan and found mom living in a squalor. Later, she learned that mom transferred a one-half interest in Blackacre to the male friend.

In Re Harris Estate

October 18, 2023

Decedent, a widower, had three children at the time of his death. One became personal representative. That person alleged to have been a grantee of a Quit Claim Deed regarding decedent’s real estate. The transfer of course was inter vivos and it was alleged by the Appellee that the conveyance was during the period of incompetency.

In Re JLD Living Trust

September 15, 2023

Distributees of trust one sought to have the lower Court prevent a finding of validity of trust two, as grantor had a guardian and conservator. Evidence was introduced of a mild cognitive disorder. Grantor objected to the guardianship and conservatorship.

In Re Estate of Piippo

September 13, 2023

Appellant wanted the real estate for less than Appellee sought from the market. Upon obtaining an offer, he offered the real estate to Appellant at the same price; she failed to meet the price.

In re Vogt Living Trust: This case is a single issue of trust interpretation

September 6, 2023

This case is a single issue of trust interpretation. Appellant believed one of the trustees was a successor trustee with no statutory duty to pursue the other for alleged breach of fiduciary because

In Re Weiser Revocable Trust

August 8, 2023

Appellant challenged a testamentary document claiming it to be the product of undue influence. Appellant asked for a copy of the trust that they were about to challenge. The lower Court set a hearing as to whether they should have a copy of the trust.

In Re Miller Trust

July 27, 2023

Corporation/Plaintiff believed it had rights against Defendant Trust. Defendant/corporation was owned by a second corporation. Ninety-five percent of the stock in the second corporation was owned by Defendant trust for which Defendant /individuals were trustees.

In Re Schaddelee Irrevocable Trust

July 10, 2023

Decedent made an estate plan. The plan was composed of two documents, a trust agreement and a declaration of trust ownership. Each document was executed. One document, the declaration of trust ownership delineated a certain investment account. The asset had a specifically named beneficiary; Appellee.

In Re Siddell Living Trust

June 1, 2023

A married couple each had a trust. There was mutuality as to disposition included possessory rights to personal property with maintenance and support out of corpus. One spouse died. The other amended his trust diminishing his sister’s distribution. Settlor in the amendment increased his son’s distributive share. The surviving spouse died.

In Re Estate of Weingrad

May 24, 2023

Appellee finalized an estate with non-SCAO forms in violation of MCR 5.1123(A). That rule says “if” a relevant form exists it “must be used.” The lower Court adjudicated the matter on the basis of the non-SCAO forms.

In Re Kurtz Protection Trust

April 10, 2023

Second marriages can keep Probate lawyers in business. In this case, husband and wife each had
children from previous marriages. They created a joint trust so that after the death of the second spouse
all children should share equally.

In Re Conservatorship and Guardianship of Pobanz

March 31, 2023

Appellant was a conservator. As a conservator, he was ordered to pay the fees on a Guardian Ad
Litem over his objection. Later, when he hadn’t paid those fees, the lower Court ordered the County to
pay those fees and Appellant to repay them.

In Re Howe Estate

March 30, 2023

Appellant wanted to challenge a personal representative’s fees. The lower Court acknowledged that objections were made but conducted no hearing. Appellant wanted the Probate Judge disqualified, she refused but did not refer the matter to the Presiding Judge.

In Re Murray Estate

March 23, 2023

Appellant claimed rights to real estate based on a forged deed. Appellant claimed a share of decedent’s estate as a widow.

In Re Broemer Estate

March 2, 2023

In re Broemer Estate/Failure to Object/”Essentially” Same Allegation/Plaintiff Error – Substantial Rights.

Reynolds v Van Dan Steene

February 7, 2023

Reynolds v Van Dan Steene/Incapacity/Deciding Fact vs. Genuine Issue of Material Fact.

In Re Ragsdale Estate

February 6, 2023

In re Ragsdale Estate/Tortious Interference with Right of Inheritance/Claw Back-Trust – Joint Account/Equitable Subrogation/Mootness/Real Party in Interest-Standing.

In Re Greer Conservatorship

February 6, 2023

In re Greer Conservatorship/ Power of Conservator without Court Approval/Dispose/Fiduciary Duty to Ladybird Grantee – Remainderperson.

In Re Claeys Revocable Living Trust

January 30, 2023

In re Claeys Revocable Living Trust/Sale vs. Distribution in Kind/Clear Error – Intent Trust/ “As he Sees Fit” along with his Baseball Lore.

In Re Storto Trust

January 30, 2023

In re Storto Trust/Interaction of Summary Disposition Burdens/What is a Valid Trust Amendment/Presumption of Revocation vs. Intent of Settlor/Will and Trust Law – Interaction/Affidavit without Counter Affidavit it can never be a Genuine Issue of Material Fact.

JP Morgan Chase Bank, N.A., v Winget

December 28, 2022

JPMorgan Chase Bank, N.A. v Winget, unpublished opinion of United States District Court of Appeals for the Sixth Circuit, issued July 1, 2022 (Case No. 21-1568), “Revocation of a Trust – Fraudulent Transfer,” “Involuntary Transfers” and “Unjust Enrichment,” along with his Baseball Lore.

In re Malloy Guardianship

December 28, 2022

In re Malloy Guardianship, “Guardian – Services by Others Compensability,” “Power vs Duty,” and “Motion to Modify – Power of Duty,” along with his Baseball Lore.

In re Hawkins Memorial Family Educational Trust

December 16, 2022

In re Hawkins Memorial Family Educational Trust/Qualified Trust Applicants vs. Qualified Trust Beneficiary/Interpretation of Trust – Review de novo/Standard of Review – Clear Impression that a Mistake has been Made/Four Types of Persons who may get an Accounting.

In re Estate of Frisbie

December 13, 2022

In re Estate of Frisbie/Intent- an additional way to upset a trust/Standard of Appel – Factual findings – clear error/Surcharge/Good faith vs bad faith.

In re Newland Guardianship

November 30, 2022

In re Newland Guardianship/Recognition of DPOA/Suspension of DPOA/Exception to recognition of DPOA “shall”/Best Interest of the Ward/Dispositive Rulings – Abuse of Discretion

Killian v TCF National Bank

November 4, 2022

Kilian v TCF National Bank/Fiduciary Misfeasance – Statute of Limitations/Adequacy of Notice – Substance of Document Not the Caveat

In re Mansharamani Living Trust

November 4, 2022

In re Mansharamani Living Trust/Dissolution of special Needs Trust

Maine Estate v Key

November 3, 2022

Maine Estate v Key/Ward Can’t Convey Without Probate Approval.

In re Rech Living Trust

September 12, 2022

In re Rech Living Trust/Affidavit of Scrivener – Evidence of Decedent’s Intent/Time of Distribution/Interpretation of Trust De Novo/Rule of Construction – Last in Time Prevails/Trust Construed as a Will

In re Baretta-Biondo v Shellenberger

August 22, 2022

Barretta-Biondo v Shellenbarger/Genuine Issue of Material Fact/Res Judicata/Real Party in Interest/Tortious Interference with Inheritance.

A. May book The Journey Accepted at the Detroit Jewish book Fair

August 10, 2022

“Sunday Schmooze with Michigan Authors” will take place on Sunday, Nov. 13, at 11am. You are invited to join fellow Michigan authors in The J’s Janice Charach Gallery for an informal, up-closeand-personal opportunity to meet and engage with our dedicated community of book lovers

In re Moss Special Needs Trust

August 1, 2022

In re Moss Special Needs Trust/Ambiguity – Extrinsic Evidence/Scrivener Affidavit/Rules of Construction – Last Iteration Favored/”But”/Special Over General/Termination of a Special Needs Irrevocable Trust/Section MCL 700.7412(2)/Change of Circumstances/Intent and Purpose of Trust

In re Bazakis Guardianship

July 11, 2022

Probate Court Order Affecting SSD Receipts, Joint Bank Account, Preemption

In re Sparling v Sparling, Co-Trustee of the Sparling Trust

July 11, 2022

Sparling v Sparling, Co-Trustee of Sparling Trust/Laches – Runs with Statute of Limitation/Election – Evaluation of Benefits Received/Statute of Limitations, Why they didn’t apply/Irrevocability, Definition/Post Jury, Evaluation by Judge of Affirmative Defenses

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