Kemp Klein


Alan A. May

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.

Alan May is a shareholder who is sought after for his experience in guardianships, conservatorships, trusts, wills, forensic probate issues and probate. He has written, published and lectured extensively on these topics.

He was selected for inclusion in the 2007 and 2008 issues of Michigan Super Lawyers magazine featuring the top 5% of attorneys in Michigan and has been called by courts as an expert witness on issues of fees and by both plaintiffs and defendants as an expert witness in the area of probate and trust law. He is listed by Martindale-Hubbell in the area of Probate Law among its Preeminent Lawyers.

In Re Estate of Weingrad

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.

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In Re Kurtz Protection Trust

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.

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In Re Conservatorship and Guardianship of Pobanz

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.

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In Re Howe Estate

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.

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In Re Ragsdale Estate

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

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In Re Storto Trust

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.

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

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.

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In re Malloy Guardianship

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

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In re Hawkins Memorial Family Educational Trust

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.

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In re Estate of Frisbie

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.

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In re Newland Guardianship

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

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In re Rech Living Trust

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

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In re Moss Special Needs Trust

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

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In re Grablick Trust

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

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In re Timco Estate

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.

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In re Comps-Klinge Trust

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

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In re Adams Trust

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

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In re Eyde Trust

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.

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