Probate Law Case Summaries

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/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

In re Imbriowicz Guardianship

June 15, 2022

Mental Health Code/Due Consideration to Wishes of Ward/Interpretation of Necessity of Report/Interpretation – Appellant Living Arrangements.

In re Grablick Trust

May 26, 2022

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

In re Howe Family Trust / Medicaid Trust

May 26, 2022

iolation/Challenge of Disbursements/Challenge of Fees/Standard of Judging Reasonableness of Attorney Fees / December 30, 2021

In re Carlsen Estate/Why?/Claims

May 26, 2022

Time for Presentation/Contingent Claims/Wrongful Death / December 30, 2021

In re Seybert Estate

May 26, 2022

Proof of Paternity/Expressio Unis Est Exclusio Alterius/Published Case/ January 24, 2021

In re Timco Estate

May 26, 2022

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.

In re Young Trust

May 26, 2022

A general devise, specific legacy and ademption.

In re Knoblock Estate

May 26, 2022

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

In re Comps-Klinge Trust

May 26, 2022

Standards on Appeal – Denial Leave to Amend Pleadings – Abuse of Discretion/Definition Probable Cause in Terror Cases/Undue Influence – Definitions/Leave to Amend

In re Jaye Trust

May 26, 2022

Termination of a Trust/How, When and Why/Removing the Trustee/Disqualification of a Judge

In re Vanpoppelen Guardianship

May 26, 2022

Ending Guardianship and Conservatorship – Burden of Proof/Priority verses Suitability

In re Ross IV Irrevocable Trust

May 26, 2022

Irrevocable Trust/Sanctions – Good Faith

In re Williams Estate

May 26, 2022

Conflict of Laws, Discretional Insurance, Baseball History

In re Londowski

May 26, 2022

Civil Commitments/Right to “effective” Counsel/Standards/Burden of Proof/Presumption

In re Adams Trust

February 22, 2022

Transfer Fee from Circuit Court, Specific Tax Clause, Statute of Limitations, Laches, and Strict Compliance, along with his Baseball Lore.

In re Eyde Trust

February 21, 2022

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.

In re Clark Trust

February 21, 2022

Joint Bank Accounts, Use of Hearsay Evidence, Analysis of Evidence, along with his Baseball Musings, as there was an error in the Baseball Musings.

Probate Law Case Summaries

Alan A. May summarizes the most important probate cases in Michigan as a service to colleagues and friends. We hope you find these summaries useful.

Popular Keywords

Categories

Published Summaries

In re Newland Guardianship

Killian v TCF National Bank

In re Mansharamani Living Trust

Maine Estate v Key

In re Rech Living Trust

In re Baretta-Biondo v Shellenberger

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

In re Moss Special Needs Trust

In re Bazakis Guardianship

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

In re Imbriowicz Guardianship

In re Grablick Trust

In re Howe Family Trust / Medicaid Trust

In re Carlsen Estate/Why?/Claims

In re Seybert Estate

In re Timco Estate

In re Young Trust

In re Knoblock Estate

In re Comps-Klinge Trust

In re Jaye Trust

In re Vanpoppelen Guardianship

In re Ross IV Irrevocable Trust

In re Williams Estate

In re Londowski

In re Adams Trust

In re Eyde Trust

In re Clark Trust