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When Can a Probate Court Remove and Replace the Legal Guardian for an Adult?

The Michigan Court of Appeals recently answered these questions. In re Guardianship of AMS, No 372183, 2025 WL 452248 (Mich Ct App Feb 10, 2025) (unpublished). AMS was married to Thomas, and she had two daughters, Theresa...more

Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

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 In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished).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

Does a Fiduciary Have a Duty to Always Sell Real Estate to the Highest Bidder?

A conservator is an individual who manages the finances of an incapacitated individual, and a conservator cannot sell real estate owned by the incapacitated person without prior probate court approval. MCL 700.5423(3)....more

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

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

When a Non-trustee Helps Administer the Trust

In re Esther Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished). Wendell and Esther Kratzer, husband and wife, had four children including...more

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