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Fiduciary Incapacitated Persons

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Warner Norcross + Judd

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

Warner Norcross + Judd on

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

Lippes Mathias LLP

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

Lippes Mathias LLP on

Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more

Warner Norcross + Judd

New Rulings from Michigan Court of Appeals Regarding Protection of Persons Subject to Guardianship

In December 2022, the Michigan Court of Appeals issued two important opinions regarding guardianships in Michigan. The first case, In re Guardianship of Roberta More Asplund, had to do with guardianship of an incapacitated...more

Warner Norcross + Judd

Can a Probate Court Appoint a Guardian for a Person Who Already has a Medical Decision-Maker in Place?

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Under Michigan law, there are two alternate roles for making medical decisions for an incapacitated person. A patient advocate is a medical decision-maker who is appointed by an individual when planning for potential future...more

Kohrman Jackson & Krantz LLP

Frequently Asked Questions Regarding Online Accounts And Estate Planning

There are many factors to consider when planning your estate in the event of your incapacitation or death. While discussions regarding traditional assets are crucial in the planning process, other factors should also be taken...more

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