PROBATE LAW CASE SUMMARY BY ALAN A. MAY Every month I summarize the most important probate cases in Michigan. Now I publish my summaries as a service to colleagues and friends. I hope you find these summaries useful and I am always interested in hearing thoughts and opinions on these
In re Broemer Estate/Failure to Object/”Essentially” Same Allegation/Plaintiff Error – Substantial Rights.
Reynolds v Van Dan Steene/Incapacity/Deciding Fact vs. Genuine Issue of Material Fact.
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/ Power of Conservator without Court Approval/Dispose/Fiduciary Duty to Ladybird Grantee – Remainderperson.
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/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.
JPMorgan Chase Bank, N.A. v Winget, unpublished opinion of United States District Court of Appeals for the Sixth Circuit, issued July 1, 2022 (Case No. 21-1568), “Revocation of a Trust – Fraudulent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, “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/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/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/Recognition of DPOA/Suspension of DPOA/Exception to recognition of DPOA “shall”/Best Interest of the Ward/Dispositive Rulings – Abuse of Discretion
Kilian v TCF National Bank/Fiduciary Misfeasance – Statute of Limitations/Adequacy of Notice – Substance of Document Not the Caveat
In re Mansharamani Living Trust/Dissolution of special Needs Trust
In re Estate of Schuhmacher/Sale of Real Estate – All Heirs Need Not Consent/Court Must Follow Stipulated Agreement of all Parties.
Maine Estate v Key/Ward Can’t Convey Without Probate Approval.
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
Barretta-Biondo v Shellenbarger/Genuine Issue of Material Fact/Res Judicata/Real Party in Interest/Tortious Interference with Inheritance.
“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/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
Probate Court Order Affecting SSD Receipts, Joint Bank Account, Preemption
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
Mental Health Code/Due Consideration to Wishes of Ward/Interpretation of Necessity of Report/Interpretation – Appellant Living Arrangements.
Mich App _____ (2021) (Docket No. 353951)/Effect of Divorce on Testamentary Transfer/ Relation by Affinity/RPC v EPIC/Ambiguity – Change of Law/Interest of Justice / December 28, 2021
Medicaid Trust Violation/Challenge of Disbursements/Challenge of Fees/Standard of Judging Reasonableness of Attorney Fees / December 30, 2021
Time for Presentation/Contingent Claims/Wrongful Death / December 30, 2021
Proof of Paternity/Expressio Unis Est Exclusio Alterius/Published Case/ January 24, 2021
Jaw Jaw Jaw is Better than War War War/Out of Court Settlement of Estate/Estoppel/Statute of Limitation a) Breach of Fiduciary Duty, b) Breach of Contract/Failure to Distribute.
Subject Matter Jurisdiction Regarding a Divorce Judgment – Interpretation v Modification/Joint Account with Survivorship-When it Became Such and What it Means/Petition v Complaint
Standards on Appeal – Denial Leave to Amend Pleadings – Abuse of Discretion/Definition Probable Cause in Terror Cases/Undue Influence – Definitions/Leave to Amend
Termination of a Trust/How, When and Why/Removing the Trustee/Disqualification of a Judge
Ending Guardianship and Conservatorship – Burden of Proof/Priority verses Suitability
Conflict of Laws, Discretional Insurance, Baseball History
Civil Commitments/Right to “effective” Counsel/Standards/Burden of Proof/Presumption
Transfer Fee from Circuit Court, Specific Tax Clause, Statute of Limitations, Laches, and Strict Compliance, along with his Baseball Lore.
Change of Situs of the Trust – Subject Matter Jurisdiction, Trust Provision verses Trust Code and other Codes, Trust as a Contract – No, Interest of Justice – Who’s Burden and Qualified Trust Beneficiary – Rights, along with his Baseball Stats.
