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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more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 In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished).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
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Two recent cases out of the Michigan Court of Appeals address the legal standards for interpreting a trust agreement. In re Larry Berman Revocable Living Trust, Docket No. 364315 (Feb. 1, 2024); In re Thomas J. and Carol A....more
In the recent case In Laureen Gordon Revocable Trust, the Michigan Court of Appeals digs into these questions.
Gordon Trust involved a fight between an uncle and his niece and nephew primarily over the distribution of family...more
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
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Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished).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
In the Estate of Beverly Howe (Mich Ct App March 9, 2023) (unpublished), the Court of Appeals reviewed two tools employed at the probate court level to address a litigious beneficiary whose claims were causing the estate and...more
On February 21, 2023, the Michigan Court of Appeals rendered its decision in In re Nicholson Trust, Docket No 360862 (Mich Ct App Feb 21, 2023) (unpublished). The court addresses a unique and powerful procedural tool that can...more