ARCHIVED SUMMARIES

In re Haas Estate — Removal of Personal Representative / Excessive Fees are Equal to Mismanagement / Failure to Oversee Fees is an Element of Mismanagement; STATE OF MICHIGAN COURT OF APPEALS, May 7, 2019

In re Kayuk Estate — Unsigned Will Document under MCL 700.2503 / Burden of Proof / Presumption of Destruction; STATE OF MICHIGAN COURT OF APPEALS, April 19, 2019

March 20, 2019 Review of Supreme Court Order Amending Court Rules; STATE OF MICHIGAN SUPREME COURT, April 2, 2019

In re Burhop Conservatorship — Conservator Challenges Ward’s Estate Plan Change / Conservator Challenges Fees / Effect of Settlement on Cause of Action / Duty to Pursue / Capacity as Aggrieved Party / Consent of Ward / Need; STATE OF MICHIGAN COURT OF APPEALS, March 27, 2019

In re Khalil Living Trust — Sua Sponte Dismissal / Hotch Potch / Necessity of Record / Evidence of Undue Influence; STATE OF MICHIGAN COURT OF APPEALS, March 20, 2019

In re McLaurin Sr Estate — Equitable Powers of the Probate Court / Assessment of Share; STATE OF MICHIGAN COURT OF APPEALS, March 1, 2019

In re Rokosky Estate — Genuine Issue of Material Fact / Competency Before, During and After the Event; STATE OF MICHIGAN COURT OF APPEALS, February 21, 2019

In re Dear — Due Process of Law / Right to Present Evidence; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re Jaye — Fiduciary Defenses to Improper Actions/Guardianship and Conservatorship; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re O’Brien — Expressio Unius Est Exclusion Alterius / Right of an Interested Party to a Jury Trial / Due Process of Law – Life, Liberty or Property must be at Stake / Interested Parties Raising Issues of their Own Disability for Trial Purposes; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re Ringer Testamentary Trust — Disclaimer / Assignment / Choice of Law; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re Krause — Retention of Jurisdiction / Interstate Move; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re Redd — Constructive Trust as Remedy / Setting Aside a Deed / Equitable Relief – Reviewed De Novo; STATE OF MICHIGAN COURT OF APPEALS, February 13, 2019

In re Kapp Estate — Appointment of Personal Representative Named in a Will – No Asset Case; STATE OF MICHIGAN COURT OF APPEALS, January 9, 2019

In re Menhennick Family Trust — Effect of Special Proxy Statute v Probate Code / Capacity to Contract / Pre Hoc Evidence – Competency / Post Hoc Evidence / Nature of Documents in Question v Other Documents – Relative; STATE OF MICHIGAN COURT OF APPEALS, December 3, 2018

In re Gordon Estate — Effective Arbitrator’s Decision in Binding Arbitration / Grounds to Set Aside Arbitration Award / Meaning of “On its Face” / Review of Arbitration Award – Affirmation by Lower Court / Standard of Setting Aside Arbitration Award; STATE OF MICHIGAN COURT OF APPEALS, November 26, 2018

In re Moore Estate — ITF Account without Named Beneficiary on Signature Card / Burden of Proof / Liability of Bank for Potential Bank Error – Interpleader; STATE OF MICHIGAN COURT OF APPEALS, November 19, 2018

In re Norton-Cantrell v Bzura Trust — Oral Wills / Contract to Make a Will – Variations / Sanctions; STATE OF MICHIGAN COURT OF APPEALS, November 12, 2018

In re US v Chicorel Estate — Tolling Statute of Limitation / Notice to Known Creditors Failure / Relationship – Federal Tax Lien and Probate Court Claim; STATE OF MICHIGAN COURT OF APPEALS, November 6, 2018

In re Doll Trust — Trust verses Trust Code – Superiority of Trust Provision / Transfer of Situs means Lack of Jurisdiction; STATE OF MICHIGAN COURT OF APPEALS, October 29, 2018

In re Verga Estate — Removal of Trustee / Medical Evidence verses Legal Evidence in Will Contest / Standard of Competency, Contract verses Will and Trust; STATE OF MICHIGAN COURT OF APPEALS, October 23, 2018

In re Lambrecht Trust — Lost Will that is Found / Setting Aside Settlement Agreement – Application of MCR / Differentiation from Contract; STATE OF MICHIGAN COURT OF APPEALS, October 16, 2018

In re Basso Revocable Living Trust — Inherent Power to Sanction – Affirm / Bill and Dena Brown Trust v Garcia, 317 Mich App 384 (2015) / Mandatory Services as Trustee / Sanctions/Dismissal; STATE OF MICHIGAN COURT OF APPEALS, October 10, 2018

In re White Trust — Johnson Curve / Time of Fiduciary Relationship – Undue Influence / Error by Court in Timing / Permissible Inference v Rebuttable Presumption; STATE OF MICHIGAN COURT OF APPEALS, October 4, 2018

In re Josephine M. Michael — Undue Influence / Actions which Constitute Undue Influence; STATE OF MICHIGAN COURT OF APPEALS, August 27, 2018

In re Horton — Electronic Message as Will under MCL 700.2503 / Statutory Construction – EPIC – Liberally Construed / Evidence of Intent – Extrinsic Evidence Acceptable; STATE OF MICHIGAN COURT OF APPEALS, July 31, 2018

In re Conservatorship of Bittner and In re Menhennick Family Trust— Implied Special Fiduciaryship / Responsibility for Fees / Construction of Trust / Intent of Settlor – Words Given Specific Meaning; STATE OF MICHIGAN COURT OF APPEALS, July 18, 2018

In re Mardigian Estate — Undue Influence / Rules of Professional responsibility / Presumption of Undue Influence; STATE OF MICHIGAN COURT OF APPEALS, June 26, 2018

In re Guardianship/Conservatorship Gerstler— Guardian Ad Litem / Statutory Priority / Guardian and Conservator / Burden of Proof / Abuse of Discretion; STATE OF MICHIGAN COURT OF APPEALS, June 18, 2018

In re Goad Revocable Trust — Inherit Power to Award Sanctions / Exceptions to the American Rule / Standard on Appeal for Judgment on Attorney Fees / Unnecessary Motion; STATE OF MICHIGAN COURT OF APPEALS, June 5, 2018

Estate of Stanley Morris — Joint Account / Gift / Presumption of Survivorship / Contradictory Evidence / Clearly Erroneous Standard; STATE OF MICHIGAN COURT OF APPEALS, May 15, 2018

In re Rosalie Naomi Kolinski — Will Contest – Coat-tail Objectors / Effect of Will Contest Settlement Agreement; STATE OF MICHIGAN COURT OF APPEALS, May 8, 2018

In re Estate of Stuart Warner — Lost Will Requirements / Tortious Interference with Expectancy of Inheritance / Breach of Fiduciary Duty-Inventory / Withholding Will; STATE OF MICHIGAN COURT OF APPEALS, May 1, 2018

In re John M. Wright and Elaine Wright Trust— Statutory Interpretation / Attorney Fees versus Fiduciary Services / Breadth of Agreement / Travel Expenses / Inviting Error / Trust Document versus Code; STATE OF MICHIGAN COURT OF APPEALS, April 24, 2018

In re Pearl Franzel Irrevocable Trust — Use of Extrinsic Evidence / Modification of Trusts / Removal of Trustee / Duty to Segregate Assets; STATE OF MICHIGAN COURT OF APPEALS, April 10, 2018

In re Estate of Richard Lujan | In re Estate of Anneliese Gulick — Reasonableness of fees of non-attorney fiduciary providers / Contingent fees / Abuse of discretion; STATE OF MICHIGAN COURT OF APPEALS, March 27, 2018

In re Estate of Ward — Breadth of Stay / Anticipating Favorable Result / Removal – Surcharge; STATE OF MICHIGAN COURT OF APPEALS, February 19, 2018

In re Callahan Revocable Living Trust — “Practical Reasons” / (C)(10) Summary Disposition – Meeting / Standard of “Material Fact” / Sanctions / Federal Prohibition Against Due on Sale / Standard for Reviewing Documents – De Novo / Aggrieved Party / Frivolous Appeal; STATE OF MICHIGAN COURT OF APPEALS, February 12, 2018

In re Estate of Mansharamani — In Pro Per / Removal of Fiduciary / Lack of Jurisdiction; STATE OF MICHIGAN COURT OF APPEALS, February 6, 2018

Hadley v Beetschen— Slayer’s Statute / Precatory v Mandatory v Super Mandatory / Probate Court’s Determination; STATE OF MICHIGAN COURT OF APPEALS, January 31, 2018

In re Ina J. Craven Revocable Trust— Substantial Compliance with Court Rule / Substantial Compliance with Accounting Court Rule / Fees; STATE OF MICHIGAN COURT OF APPEALS, January 22, 2018

In Re Soble Family Trust — Probate Court Jursdiction over LLC / Appeal of Right Considered Appeal by Leave / Orders of Enforcement after Trust is closed / Bad Faith / Implied Consent / Voting Rights of LLC considered a value; STATE OF MICHIGAN COURT OF APPEALS, January 16, 2018