Every month Alan A. May
summarizes the most important probate cases in Michigan as a service to colleagues and friends.
We hope you find these summaries useful.
Estate of Gloria Tice v Scott Missouri Tice and Barbara Ellen Tice
STATE OF MICHIGAN COURT OF APPEALS
MCR Relation Back Doctrine / EPIC Relation Back Doctrine / Statue of Limitations – Substitution of Estate for an Heir
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William T. Manuel Trusts
STATE OF MICHIGAN COURT OF APPEALS
Standing / Conveyancing / Proof of the Existence of a Trust
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Estate of Cecil P. Byrnes
STATE OF MICHIGAN COURT OF APPEALS
Rescission / Mental Competency Deed / Attorney as Scrivener
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In re Adrienne Gierman
STATE OF MICHIGAN COURT OF APPEALS
Standing to Object to Fiduciary’s Account / Accounts / Actions of Fiduciary
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Kenneth A. Hope Trust No. 1
STATE OF MICHIGAN COURT OF APPEALS
Extrinsic Evidence
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In re William J. and Marian A. Dudley Trust
STATE OF MICHIGAN COURT OF APPEALS
Use of Extrinsic Evidence to Show Settlor’s Intent / Testimony of Scrivener
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Estate of James Bryant Boyer, Deceased
STATE OF MICHIGAN COURT OF APPEALS
Default Judgment – Set Aside / Sanctions / Fees and Costs / Efficacy of DNA
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Kay T. Hills Revocable Living Trust
STATE OF MICHIGAN COURT OF APPEALS
Opponent’s Attorney Fees / Evaluation v. Mediation / Standard of Review / Surcharge and Removal / Apportionment by Percentages / De minimis Errors / Good Faith Belief Defense / Bartering for Administrative Services
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Estate of Upjohn
STATE OF MICHIGAN COURT OF APPEALS
Res Ajudicata / Effective Accounting / Rule Against Perpetuities / Corporate Existence / Estoppel/Acquiescence
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Claudia Maedel, as Guardian/Conservator for the Estate of Thelma Ford v Ralph E. Ford
STATE OF MICHIGAN COURT OF APPEALS
Mental Capacity / Undue Influence / Unconscionable Bargain / “Competently Related” Doctrine / Involuntarily Dismissal / Presumption of Lack of Capacity
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In re Loyer Estate
STATE OF MICHIGAN COURT OF APPEALS
Deed Delivery / Delivery to Third Party
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Estate of Vera Esther Windham
STATE OF MICHIGAN COURT OF APPEALS
Interlineations / Copies of Wills / Holographic Will / Burden of Proof / Extrinsic Evidence / Mental Incapacity
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Elmer M. Dobson Trust
STATE OF MICHIGAN COURT OF APPEALS
Constructive Trusts / Unconscionable Circumstances / Extrinsic Evidence / Improper Distributions / Innocent Misrepresentations / Acquiescence
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Philip L. Payment, Sr. a/k/a Payment Estate
STATE OF MICHIGAN COURT OF APPEALS
Attorney Fees – Apportionment / Successful Challenges to Fiduciary Actions / Unsuccessful Challenges to Fiduciary Actions / Undue Influence / Constructive Trusts / Unconscionable Circumstances / Ademption / What is a Will Contest? / Beneficiary Liability – Unpaid Administrative Expenses / Fiduciary Liability In deficit Estate – Equality of Distribution
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Estate of Calvin Graves, a Protected Individual
STATE OF MICHIGAN COURT OF APPEALS
Attorneys Liability / Constructive Trusts / Bailment
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Estate of Norman Conn and Ethel Conn
Tracey Conn-Burnstein, Appellant v Alison Maniex, Appellee
STATE OF MICHIGAN COURT OF APPEALS
Reopening & Rehearing – After Discovered Assets
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Larry Jerome LeBoeuf, A Legally Incapacitated Person
STATE OF MICHIGAN COURT OF APPEALS
No Fault / Conservator Fees / Heinz / One Year Back Rule
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Gary Thomas Noon, Sr. Deceased
STATE OF MICHIGAN COURT OF APPEALS
Divorce Decree v Property Settlement Agreement / Enforcement of Decree Favoring Third Parties
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Ronald B. Charfoos and Carol Charfoos Tator, Appellants
v Jack M. Schultz, Appellee
STATE OF MICHIGAN COURT OF APPEALS
Extrinsic Evidence / Legal Malpractice / Tortious Interference with Right of Inheritance / Abuse of Discretion / Rules of Professional Conduct
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Lillian M. Faulhaber Trust
STATE OF MICHIGAN COURT OF APPEALS
Extrinsic Evidence / Settlor’s Intent / Bank Mergers and Consolidations
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Estate of Ernest J. Lager, Deceased
STATE OF MICHIGAN COURT OF APPEALS
ERISA / Jurisdiction
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Estate of Calvin Graves, a Protected Individual
STATE OF MICHIGAN COURT OF APPEALS
Attorneys Liability / Constructive Trusts / Bailment
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In re Arbib Estate
STATE OF MICHIGAN COURT OF APPEALS
Contract to Make a Will / Sale of Land
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Estate of Yolanda Hanrahan
STATE OF MICHIGAN COURT OF APPEALS
Appointment of Receiver / Mutual Mistake
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Estate of Linda Louise Doerr
STATE OF MICHIGAN COURT OF APPEALS
Will Contest – Elements / Undue Influence / Fiduciary Relationship
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Estate of Norman Conn and Ethel Conn
Tracey Conn-Bernstein, Appellant v Alison Maniex, Appellee
STATE OF MICHIGAN COURT OF APPEALS
Reopening & Rehearing – After Discovered Assets
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Gerald Joseph Debusschere Amended Trust
Dana M. Caradonna, Appellee v Andre Debusschere, Appellant
STATE OF MICHIGAN COURT OF APPEALS
Interested Parties / Standing / Under Developed Arguments
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Marlene Archer, Et Al (Plaintiffs-Appellants) vs
Charles Anderson and James Anderson (Defendants-Appellees)
STATE OF MICHIGAN COURT OF APPEALS
Subject Matter Jurisdiction – Probate Court vs Circuit Court
Correct Decision for Incorrect Reason
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Elvis and Marilyn R. Hunt Trust
STATE OF MICHIGAN COURT OF APPEALS
Trustee’s Right to Withdraw / Trustee’s Right to Act Alone
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Estate of Josephine M. Roosen, a Protected Individual
STATE OF MICHIGAN COURT OF APPEALS
Conservator Power and Court Jurisdiction Post Mortem/Implied Determination of Capacity – Effect of Conservatorship/20% of Income Rule – Charity
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Stanley Bednarz Trust
STATE OF MICHIGAN COURT OF APPEALS
Incompetency/Capacity/Wills and Trusts/Lawyer (Layman) Opinion Over That of Doctor/Lucid Intervals/Vascular Dementia/Undue Influence/Rebuttal of Presumption/Silent Fraud
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Estate of Lena Rangel, Deceased
STATE OF MICHIGAN COURT OF APPEALS
Undue Influence/Incompetency/Role of Attorney/Sequestration
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Estate of Alexander Clark III, Deceased
STATE OF MICHIGAN COURT OF APPEALS
Tracing Assets/Constructive Trusts
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Estate of Granville Floyd Reynolds
STATE OF MICHIGAN COURT OF APPEALS
Undue Influence/Implied Trust/Accounts of Convenience
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Klingman Furniture Company
STATE OF MICHIGAN COURT OF APPEALS
Conflict of Law – Choice of Law
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Estate of Janet Elaine Mandeville
STATE OF MICHIGAN COURT OF APPEALS
Decedent’s Estate Right to Contribution by a Tenant in the Entireties
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For more information regarding these matters, please contact Mr. May at 248.740.5670 or click here to send an email.
