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Posts in the Wills and Trusts category:

FAMILY LAW 30: Discretionary trust assets cannot be reached to satisfy claims for child support and alimony.

The key difference between discretionary trusts, support trusts, and spendthrift trusts is that creditors cannot compel the trustee of a discretionary trust to pay any part of the income or principal in order that the creditors may be paid. The opposite is true of spendthrift and support trusts, which allow trust assets to be reached to satisfy creditors, including creditors seeking to satisfy claims for child support and alimony.

WILLS/TRUSTS 11: Allegations that a trustee violated his fiduciary duties.

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.

WILLS/TRUSTS 8: What makes a will irrevocable?

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.

The role of an advance health care directive in a will

When considering estate planning, you are probably aware of the role of a will. While the traditional thought associated with a will is how property is handled after death, it can also be used to plan for medical treatment if you cannot make...

A basic introduction to wills

It can be difficult to consider the end of our lives when we are in good health, but lives can change at any moment so it is wise to be prepared for any situation that may arise. Despite the many benefits of a last will and testament, studies have...

The court held that the probate court did not abuse its discretion in finding the appellant had not pled a claim for reimbursement or in denying his request to amend the pleadings where there was undue delay and a repeated failure to cure the deficie

The parties-siblings disagreed as to the terms of their father's trust, which included a 300-acre farm. During their dispute, Daniel claimed that a settlement agreement between them did not preclude him from seeking compensation and reimbursement...

While the respondent-trustee (Juzenas) violated MCL 700.7814, the court concluded that the probate court abused its discretion in charging her for insurance and tax obligations that she paid from her own pocket and denying her request for reimburseme

Walter and Yvonne Massie established the trust in 1995. The only asset in the trust was their home. Petitioners charged that Juzenas was required to provide them an accounting every year beginning in 2009, and was required to provide notification...

Concluding that the trust at issue was unambiguous, the court affirmed the trial court's order granting summary disposition to the appellees on their claims that the surviving settlor could not modify the trust at issue after the death of the other s

Otto and Margaret signed trust documents in 1993. They amended the trust the next year. Otto died in 2005. In 2011, "Margaret attempted to amend the trust to provide that, on the death of the surviving spouse," a piece of real property would go to...
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