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Can Undue Influence be Proven Without a Direct Eyewitness?

A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office- UPDATED 12-23-2024

This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more

Does a Declaration of Trust Ownership Convert a Beneficiary Designation to a Trust Asset?

In the recent case of Schaddelee as Cotrustee of Ronald Schaddelee Irrevocable Trust v. Deleon as Cotrustee of Ronald Schaddelee Irrevocable Trust, 2023 WL 4143639 (Mich Ct App Jun 22, 2023) (unpublished), the Michigan Court...more

A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office

This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

May the Surviving Co-grantor of a Joint Trust Amend or Revoke the Trust After the Death of the First Grantor?

It is not uncommon for a husband and wife in a second marriage situation to create a joint trust, naming all their respective children from their prior marriages as the equal remainder beneficiaries. If the surviving spouse,...more

Was the Trust Beneficiary Entitled to In-kind Distribution of Trust Assets?

On January 12, 2023, the Michigan Court of Appeals issued its decision in In re Claeys Revocable Living Trust, 2023 Westlaw 175242, No 360054 (Mich Ct App Jan 12 2023), which considered whether a trust beneficiary was...more

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

Michigan Court of Appeals Rules on Propriety of Terminating Trust for Beneficiary Who Recovered from Disability

In a recent Michigan Court of Appeals case, In re Special Needs Trust for the benefit of Talonda Moss, Docket No 357836, 2022 WL 2760235 (Mich Ct App Jul 14 2022), the court ruled on whether a trust created for a disabled...more

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