Kemp Klein

Probate Law Case Summaries

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.

Published Summaries

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JPMorgan Chase Bank, N.A. v Winget, unpublished opinion of United States District Court of Appeals for the Sixth Circuit, issued July 1, 2022 (Case No. 21-1568), “Revocation of a Trust – Fraudulent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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In re Clark Trust

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

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