The trial court concluded that appellant did not produce sufficient evidence to establish a genuine issue of material fact regarding decedent’s mental capacity to properly execute his 7/14 will.
The probate court properly imposed a constructive trust and ordered the son to sell the mother’s home after she had deceased.
The trial court, however, indicated its belief that it would not have jurisdiction once Mother left the state. Despite counsel’s argument regarding the utility of the Full Faith and Credit Clause, the probate court disagreed.
Defendant conveyed by quit claim deed the Property to herself and plaintiff as Joint Tenants with Full Rights of Survivorship and not as Tenants in Common. Defendant apparently took this action for purposes of estate planning.
The age of an adult is not a proper ground for disqualification under EPIC. As adults, the children are fully qualified to serve as guardians and conservators for their father. Adulthood is all that is required under EPIC.
Respondent argues that she was denied her right to due process of law because she did not receive notice of the hearing until five days before it took place. Respondent argues that the five-day notice of hearing violated her right to due process. Due process generally requires that notice be reasonably calculated to apprise interested parties of the action and to provide them an opportunity to be heard.
The Michigan probate code states that for purposes of a statute of limitations, the proper presentation of a claim is equivalent to commencement of a proceeding on the claim.
The probate court determined that it lacked jurisdiction to hear the petition because the situs of the trust had been transferred to Florida.
Appellants argue that because they provided medical evidence and appellee did not, the trial court was bound to grant their motion. But appellants cited no legal authority that medical testimony on behalf of the non-moving party is necessary.
The trial court found that both the lease and the legal description of farmland attached to the Trust Agreement are defective because the Trust never owned the property, as evidenced by the quitclaim deed and its recording in April 1998.
While physical separation is necessary for a finding that a spouse is not a surviving spouse for the purposes of EPIC, physical separation alone is insufficient.
Plaintiffs advised the probate court that they intentionally failed to file a witness list and an exhibit list as required by the court’s scheduling order because they objected to and never wanted a trial.
MCL 700.7602(3)(a) controls a situation of whether a trust can be amended. It provides as follows: The settlor may revoke or amend a revocable trust by substantially complying with a method provided in the terms of the trust.
In the application, petitioner stated that the decedent died intestate, and after exercising reasonable diligence, was unaware of any unrevoked testamentary instrument relating to property located in this state.
The court determined that plaintiff’s documents were ambiguous and concluded that they did not meet the requirements of a recordable document. Plaintiff’s deed for real property did not contain terms of consideration or a legal description.
If you become incapacitated, you will need someone to make decisions on your behalf. These are decisions regarding what medical treatment you receive, paying bills, managing your bank accounts and potentially selling assets. Tales of people abusing their power of attorney designations are common. Many people designate their children, but is this the best choice?
The primary goal when construing a will is to determine the intent of the testator.
In this case, the husband argues on appeal that the probate court abused its discretion by appointing a conservator to manage his wife’s estate and affairs under MCL 700.5401.
Under the EPIC, a “suitable” guardian is one who is qualified and able to provide for the ward’s care, custody, and control. When a preponderance of the evidence weighs against the suitability of the ward’s current choice for guardian, the probate court must remove that person as guardian.
Beneficiaries are entitled to contest the probate of the will. It is important that your will clearly state your intentions.
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