Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more
Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished).
This appeal involved the probate court's winddown of the Donald F. Clark Trust....more
2/6/2025
/ Appellate Courts ,
Beneficiaries ,
Criminal Convictions ,
Estate Planning ,
Fiduciary Duty ,
Inheritance ,
Probate ,
Probate Courts ,
Trust Administration ,
Trusts ,
Wills
As background, according to MCL 700.3203(1), a person named in a will to serve as personal representation has priority of appointment unless that person is disqualified. A person is disqualified if they are unsuitable to...more
No, according to In re Estate of Elze D. Harris, Docket No. 362364 (September 28, 2023).
In Estate of Harris, the decedent’s three children were embroiled in litigation over who should control their deceased father’s...more
A person communicates a desire to make estate planning changes in the future but dies before the changes are made. Can a court modify or reform a trust to give effect to this intent?
No. In re Brody Trust, Docket No 362214...more
A person receives real estate with oral instructions to transfer it to another person. Is that transfer enforceable when the instructions are not in writing? No, it is not enforceable according to In re Estate of Finney,...more
In Horton, the Michigan Court of Appeals explores the nuisances of an undue influence claim and when the presumption of undue influence can be triggered. Undue influence is a claim that can void a legal transaction if it is...more
Join Warner Norcross + Judd LLP attorneys Charles Ash, Matt Johnson and Laura Morris for a webinar discussion on family business succession and the challenges and opportunities to a successful transition. In this webinar, we...more
5/5/2023
/ Business Succession ,
Business Valuations ,
Buyouts ,
Change of Ownership ,
Divorce ,
Documentation ,
Estate Planning ,
Family Businesses ,
Power of Attorney ,
Recordkeeping Requirements ,
Succession Planning ,
Webinars