Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...
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An individual designated as personal representative in a decedent’s will has priority of appointment unless he or she is disqualified or subject to a specified exception.
A patent ambiguity exists if an uncertainty concerning the meaning appears on the face of the instrument and arises from the use of defective, obscure, or insensible language.
Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...
More and more people are conducting personal business and their social life through online applications. Email, banking, bill payment, investments, credit cards, social media and photo sharing are all types of digital assets. Digital Assets...
We live in uncertain times. The COVID-19 pandemic presents a disruption to normal life and a real danger to many people, especially those who are ill or elderly. While you take steps to protect yourself, your family, and your community,...
The mother essentially disinherited her family, leaving $1,000 to each of her children, $500 to each of her grandchildren, and a watch to a granddaughter. The remainder of the mother’s estate flowed to the boyfriend.
According to E’s affidavit, he disbelieved the validity of the May 2016 Will, but apparently, he took no further action regarding the Will or the coins at that time.
Without a validly executed will, your estate will pass by the rules of intestate succession at the time of your passing, which may or may not achieve your goals.
WILLS/TRUSTS 18: Probate court erred in concluding that a statute of limitations barred plaintiffs’ claims challenging the Trust.
Plaintiffs requested a declaration that all amendments to the Trust executed after April 2007 were void because Settlor did not have capacity to execute them, and because Settlor was unduly influenced by her son.
According to the motion, Article III only allowed the identification and distribution of heirlooms, not all personal property. P argued that the John Deere tractor and other valuable items were not heirlooms and should not have been distributed to N.
In support of the allegations, petitioner attached clinical certificates from a physician and a psychiatrist who observed respondent at the hospital. Both doctors diagnosed respondent with bipolar disorder, determined that she displayed a likelihood of injuring herself and that she did not understand the need for treatment, and recommended a course of treatment that consisted of 60 days of hospitalization and 90 days of outpatient care.
The fact that an irrevocable trust, which includes former assets of an institutionalized spouse, can make payments to a community spouse does not automatically render the assets held by the trust countable for the purpose of an institutionalized spouse’s initial eligibility determination.
the probate court determined that Daughter J had managed the estate in a manner that promoted her own interests as a beneficiary over the interests of the estate. The probate court found that such management demonstrated mismanagement of the estate and that removal of Daughter J was therefore in the best interests of the estate.
In 2016, Petitioners asserted that the mother and daughter M breached their duty of loyalty by giving son M an unequal share of property from the trust and by depleting the trust for purposes other than the mother’s care.
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.
PROBATE 17: Government contends it satisfied statute of limitations by filing proof of claim in probate proceeding.
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.
PROBATE 13: Are you a surviving spouse if you were “willfully absent” from decedent in the years leading up to death?
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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