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.
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 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...
The decedent died intestate in February 2014 at the age of 84. His wife had died in 1999. Decedent was survived by three sons: (Paul), petitioner and personal representative (Mike), and respondent (Greg). Decedent and his wife opened a joint account...
The period between the end of January and the second week of April is widely known as “tax season.” Most people anticipate receiving a refund after filing their federal income tax returns. However, there are a number of scenarios that may bring...
The emotional toils of dealing with the death of a loved one can be considerably difficult. It is especially hard at this time of year, where life is supposed to be consumed with optimism for a New Year. Nevertheless, perseverance is paramount;...
Whether allowing the Department of Health & Human Services (DHHS) to recover for Medicaid benefits that were received prior to the notice violated constitutional & statutory protections.
Prior to her death in 1/14, Angeline LaMarche received $107,310.76 in Medicaid benefits. After she passed away, the DHHS pursued recovery in that amount against the estate. On appeal, the estate again argued that allowing the DHHS to recover for...
The court held that the probate court did not clearly err in ruling that the decedent's bank accounts did not have rights of survivorship and in ordering the appellants to disgorge funds they withdrew from his bank accounts shortly after his death.
The decedent maintained checking and savings accounts. Shortly before his death, while he was hospitalized and unable to communicate, appellant-Claudette Greenhoe deposited an inheritance check that the decedent received in his savings account. The...
Concluding that MCL 700.5310 did not apply and that the appellant's argument lacked merit, the court affirmed the probate court's order dismissing her petition to modify the order appointing the appellee as conservator.
The legally incapacitated person at issue, Mary Janet, was the parties' mother. Appellee, her son, was appointed her guardian and conservator. Appellant, her daughter, sought to modify the conservatorship by removing appellee as conservator and...
Holding that willful absence is a factual question that may concern more than physical proximity & the court's decision to remove appellant as PR & replace her with a neutral 3rd party within possible outcomes, the court affirmed.
James died intestate 2012. He was survived by his spouse, appellee-Maggie, and 10 children. These consolidated appeals involved a dispute over the assets remaining in his estate. The primary issue in Docket No. 323387 concerned whether Maggie, who...
The Court of Appeals held that the probate court properly refused to apply MCL 700.2114(4), and did not err in finding that the appellant-PR failed to meet her burden in this action involving intestate succession.
Kenneth Koehler passed away with no will, no spouse, no children, and no siblings, and his parents and grandparents predeceased him. His paternal grandfather, Carl Cedric Umble, was killed before his son, Carl Koehler (Kenneth's father) was born....
A trial court erred when it did not allow Plaintiff to be reimbursed for attendant care services she provided to decedent
Holding that the probate court erred in finding that the petitioner-PR's claim against the estate for reimbursement of attendant care services she provided to the decedent before his death was not barred, the court reversed and remanded. After her...
An attorney is required to overcome the presumption of undue influence arising from the attorney-client relationship in order to receive the devises left to him and his family
Based on the binding precedent of Powers, the court reversed the trial court's order granting the appellees' summary disposition motion and remanded the case to the trial court for further proceedings. They contested the decedent's trust and will...
The "probate exception" does not divest a federal court of subject-matter jurisdiction unless a probate court is already exercising in remjurisdiction over the property at the time that the plaintiff files her complaint in federal court
Neither the "domestic-relations" nor the "probate exception" to federal diversity jurisdiction barred plaintiff-Chevalier from bringing tort and contract claims against her former spouse to recover on a series of unpaid loans. The...