A probate court’s consideration of the couple’s circumstances cannot involve an assumption that the institutionalized spouse should receive 100% free medical care under Medicaid or an assumption that a community spouse is entitled to maintain his or her standard of living. Medicaid is a need-based program, and a Medicaid recipient is obligated to contribute to his or her care.
Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results
Posts in the Probate category:
Respondent, now represented by counsel, filed a motion for reconsideration or relief from the probate court’s order, arguing that the order inappropriately distributed trust assets before other issues in the action were resolved, and arguing further that respondent was prejudiced by his lack of notice and inability to retain counsel before the hearing.
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.
Being sensitive to the fact that respondent must walk the tightrope of balancing the needs of consumer, sometimes against one another, with the limited resources that it has, MCL 330.1536 is clear that respondent cannot transfer a consumer if the transfer would be detrimental to that consumer.
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.
The $27,000 ordered to be paid to respondents from the trusts was not a sanction, but instead was reimbursement to the trustees for expenses incurred in defending the petition. The Trust contains language providing for the reimbursement of expenses incurred by trustees in administering the trust.
Despite the probate court’s order requiring Appellant to return the vehicle to R, Appellant refused to do so. Appellant’s willful noncompliance resulted in him being held in contempt of court and a sentence of four days in jail. Yet, even so, he still refused to turn the vehicle over to the personal representative.
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 judge explained that he did not do his own accounting and that he would not go through all of these bills to see whether they’ve been properly accounted for.
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.
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.
MCL 700.7803 states that a trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule. If the trustee has special skills or is named trustee on the basis of representation of special skills or expertise, the trustee is under a duty to use those skills. MCL 700.7810 states that a trustee shall take reasonable steps to take control of and protect the trust property.
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.
WILLS/TRUSTS 9: Probate court can appoint a successor trustee if one cannot be appointed in accordance with the trust.
MCL 700.7704(3) permits the probate court to appoint a successor trustee if one cannot be appointed in accordance with the trust.
To receive involuntary mental health treatment under the Mental Health Code, MCL 330.1001, a petitioner is required to establish that respondent has a mental illness and who as a result of that mental illness can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure himself, herself, or another individual, and who has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.
The parties agreed that the decedent properly executed the 2005 will with his wife, but the probate court was asked to rule on whether the terms of that will made it irrevocable, which would mean that the decedent could not change his estate plan by way of the 2015 will.
To establish undue influence, it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency and impel the grantor to act against his inclination and free will.
In terrorem clauses, also called “no-contest” clauses, generally provide that a beneficiary of a will or trust forfeits any interest under the instrument if the beneficiary challenges or contests any of its provisions.
As set forth in MCL 700.2502(1), there are specific formalities that are generally required to execute a valid will. However, as expressly stated in MCL 700.2502(1), there are several exceptions to these formalities.
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.
Appellant appealed Probate Court’s order denying his petition seeking enforcement of an option to purchase stock as conferred by the trust.
The point is, while perhaps everything alleged is true, if you have not met your burden of proof you cannot win your case.
The probate court’s decision to order the property sold and the proceeds distributed equally among the beneficiaries is consistent with the settlor’s stated intent to distribute the value of the trust assets to the beneficiaries.
MCL 700.7111(1) provides that interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust, including the approval of a trustee’s report or accounting.
A noncharitable irrevocable trust may be modified or terminated by the court upon the consent of the trustee and the qualified trust beneficiaries, if the court concludes that the modification or termination of the trust is consistent with the material purposes of the trust or that continuance of the trust is not necessary to achieve any material purpose of the trust.
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?
An person who proceeds in propria persona is generally held to the same standards as attorneys. Accordingly, a litigant who decides to proceed without counsel is bound by the burdens that accompany such election.
The informal conference referee found that she was an owner of the property because she was a grantor who had placed her property in a revocable trust. The referee, however, determined that petitioner had failed to present any documentation showing that the property was the deceased’s principal residence.
Appellant appeals from an order of the Probate Court denying his petition to reopen his deceased mother’s estate.
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.
In this case involving a Living Trust, the husband, appeals as of right the probate court’s order granting partial summary disposition to their daughter. The order resolved claims relating to two family businesses, declared the wife disabled, and pursuant to the terms of the trust, removed the husband as successor trustee of the trust.
The probate court denied a petition for formal proceedings. The petition further identifies the petitioner as a "creditor" of the estate and states that "Litigation against the Estate is pending." Appellee is the widow and was...
You create an estate plan to make sure your heirs and beneficiaries are taken care of in the event you are no longer able to. You may also do so to minimize the bickering and infighting that may come between surviving family members who may have...