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Probate Law Case Summaries
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 Kenneth Waller
— Prenuptial Agreement / Awarding of Fees
STATE OF MICHIGAN COURT OF APPEALS, January 19, 2011
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In re Daniel Mannes
— Expert Testimony – Probate/Legal Issues / Violation of Injunction / Holographic Wills / Joint Accounts and Claims
STATE OF MICHIGAN COURT OF APPEALS, January 9, 2011
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Estate of Elizabeth Marie Wallo, an Incapacitated Individual
— Jurisdiction – Guardianship / Effective Death / Jurisdiction over Property / Guardianship
STATE OF MICHIGAN COURT OF APPEALS, January 9, 2011
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Flint Auto Auction, Inc. v The William B. Williams, Sr. Trust, and
Estate of William B. Williams
— Waiver of Arbitration Clause / Declaratory Judgment
STATE OF MICHIGAN COURT OF APPEALS, December 21, 2011
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WEBER Estate
— Breach of Trust / Tracing / Constructive Trusts / Five and Five / Scrivener Testimony
STATE OF MICHIGAN COURT OF APPEALS, December 20, 2011
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Loretta B. Brown Estate
— Due Process / Closing an Estate Before Rights are Determined / Abuse of Discretion
STATE OF MICHIGAN COURT OF APPEALS, December 19, 2011
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Estate of Paul A. Smith
— Wrongful Death / Personal Representative – Right to Settle [w/ref. to In re Merry] / Consideration
STATE OF MICHIGAN COURT OF APPEALS, November 18, 2011
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Conservatorship of Deanna Theresa Cisneros
— Heinz / First Party Benefits
STATE OF MICHIGAN COURT OF APPEALS, November 3, 2011
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Rae Jean Adkins v Gina Lynne Dick and TIAA-CREF, LLC
— Standing / Standing – Previous Document / Rescission
STATE OF MICHIGAN COURT OF APPEALS, October 19, 2011
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Estate of Annette K. Boyle, Deceased
— Constructive Trusts / Real Estate – No written document
STATE OF MICHIGAN COURT OF APPEALS, October 19, 2011
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Helen Mlynarczyk Living Trust
— Removal of Trustee – Grounds / Appointment of Trustee – Grounds
STATE OF MICHIGAN COURT OF APPEALS, September 27, 2011
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Estate of Connie Mae Vickerson
— Surcharge / Timely Appeal
STATE OF MICHIGAN COURT OF APPEALS, September 21, 2011
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Wayne M. Schultz and Sharon M. Schultz Case
— Scrivener / Legal Malpractice / Third Party Beneficiary / Mieras v DeBona / Statute of Limitations
STATE OF MICHIGAN COURT OF APPEALS, September 15, 2011
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Mildred Wendt Revocable Trust
— Ambiguities / Remainder Interests / Future Interests / Standard on Appeal – Trust Terms Interpretation de novo
STATE OF MICHIGAN COURT OF APPEALS, August 24, 2011
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Estate of Edward Joseph McCormick
— Jurisdiction / Fees / Compliance with Order
STATE OF MICHIGAN COURT OF APPEALS, August 22, 2011
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Estate of Jennifer M. Barker
— Distribution – Wrongful Death Proceeds / Conflict of Interest – Attorney Representing Estate and Claimant / Right of Offset
STATE OF MICHIGAN COURT OF APPEALS, August 11, 2011
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Conservatorship of Cameron McMillian
— Restoration of Competency / Removal of Conservator
STATE OF MICHIGAN COURT OF APPEALS, August 9, 2011
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Conservatorship for Kathryn M. Townsend
— Grounds for Conservatorship / Meaning of Words “Such As”
STATE OF MICHIGAN COURT OF APPEALS, June 30, 2011
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Hill Estate
— Funding of Trust / Conveyance of Real Property
STATE OF MICHIGAN COURT OF APPEALS, June 27, 2011
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Estate of Arnold E. Mortimore
— Undue Influence / Spouse
STATE OF MICHIGAN COURT OF APPEALS, June 21, 2011
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In Re Marvin L. Clark Trust
— Interest on Bequest(s) / Settlement Agreement
STATE OF MICHIGAN COURT OF APPEALS, June 17, 2011
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In re Gregory Allen, Jr.
— Attorney Fees / Guardian Ad Litem Fees / Abuse of Discretion
STATE OF MICHIGAN COURT OF APPEALS, June 1, 2011
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Thelma A. Pelliccioni v Raymond A. Reynolds
— Res Ajudicata – Split jurisdiction
STATE OF MICHIGAN COURT OF APPEALS, May 24, 2011
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Mortgage Electronic Registration Systems Inc. & Bank of New York v Denise C. Parks Irrevocable Trust, by Walter Sakowski, Trustee, et al
— Power to Convey / Co-trustees
STATE OF MICHIGAN COURT OF APPEALS, May 24, 2011
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Estate of Donna Mae Kurrle, Deceased
— Undue Influence
STATE OF MICHIGAN COURT OF APPEALS, May 18, 2011
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Alan A. May, Conservator of the Estate of Edward Carroll, a Protected Person v Automobile Club Insurance Association
— First Party Benefits / Conservator Fees
STATE OF MICHIGAN COURT OF APPEALS, May 17, 2011
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Jessie Lee Simmons, Jr. (Conservatorship)
— Appointment of Conservator / Standard of Review
STATE OF MICHIGAN COURT OF APPEALS, May 9, 2011
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John W. Conforti Trust
— Sanctions / Attorney Liability
STATE OF MICHIGAN COURT OF APPEALS, April 13, 2011
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Evelyn Jean Buchinger Revocable Living Trust
— Transferors’ Intent / Reformation / Parole Evidence Rule
STATE OF MICHIGAN COURT OF APPEALS, March 25, 2011
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David Hanson, Personal Representative for the Estate of Edward E. Lerg
— Wills / Mental Capacity / Undue Influence / Time of Execution
STATE OF MICHIGAN COURT OF APPEALS, February 28, 2011
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Anthony Edward Vogel, Sr. Living Trust
— Limitation of Testimony / Attorney Client Privilege / Violation of No Contest Provision / Transfers of Trust Property / Standard of Review
STATE OF MICHIGAN COURT OF APPEALS, February 25, 2011
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Frances A. Fox Revocable Living Trust a/k/a FOX TRUST
— Standard on Appeal / Accountings and Attorneys
STATE OF MICHIGAN COURT OF APPEALS, January 26, 2011
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Estate of John G. Underwood, Deceased
— Res Adjudicata / Statute of Limitations / Split Jurisdictions / Doctrine of Opportunity to Be Heard
STATE OF MICHIGAN COURT OF APPEALS, January 5, 2011
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Estate of Avis Laverne Weir
— Will Contests / Testamentary Capacity / Undue Influence / Fraud / Misrepresentation / Standard of Review / Insane Delusion
STATE OF MICHIGAN COURT OF APPEALS, January 4, 2011
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Return to Index
Harriet C. Sibley Trust
— New Code v. Old Code / Removal of Trustee
STATE OF MICHIGAN COURT OF APPEALS, December 3, 2010
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Estate of John L. Maxwell
— Effect of Voluntary Distribution out of Joint Account on Estate Distribution
STATE OF MICHIGAN COURT OF APPEALS, December 2, 2010
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Estate of Helen Bandemer
— Tortious Interference with Prospective Advantage and Unjust Enrichment / Tortious Interference with a Trust / Intentional and Negligent Infliction of Emotional Distress / Conversion / Fiduciary Relationship
STATE OF MICHIGAN COURT OF APPEALS, November 12, 2010
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Estate of Jewell Anderson, a Protected Person
— Jurisdiction of Probate Court for Eviction / Standard on Appeal – Sanctions
STATE OF MICHIGAN COURT OF APPEALS, November 1, 2010
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Estate of Ernest Fink
— Law of The Case – Only Issues Decided / Change In Law – Which Law Applies / Profits from Bequest – Prior to Distribution / Failure to Rule / Extrinsic Evidence to Show Intent
STATE OF MICHIGAN COURT OF APPEALS, October 11, 2010
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Estate of Kayla V. Chenault, a Minor
— Contempt of Court / Lack of Jurisdiction – Court of Appeals / Parties Bound by Court Orders / Interested Parties to Remove Conservator
STATE OF MICHIGAN COURT OF APPEALS, September 17, 2010
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Estate of Carlton J. Leix
— Mutual Wills / Effect of Mutual Wills / Transfer by Survivors
STATE OF MICHIGAN COURT OF APPEALS, September 15, 2010
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Anthony Edward Vogel, Sr. Living Trust
— Attorney/Client Privilege / No Contest Provision
STATE OF MICHIGAN COURT OF APPEALS, August 10, 2010
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Estate of Gloria Tice v Scott Missouri Tice and Barbara Ellen Tice
— MCR Relation Back Doctrine / EPIC Relation Back Doctrine / Statue of Limitations – Substitution of Estate for an Heir
STATE OF MICHIGAN COURT OF APPEALS, June 28, 2010
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William T. Manuel Trusts
— Standing / Conveyancing / Proof of the Existence of a Trust
STATE OF MICHIGAN COURT OF APPEALS, June 16, 2010
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Estate of Cecil P. Byrnes
— Rescission / Mental Competency Deed / Attorney as Scrivener
STATE OF MICHIGAN COURT OF APPEALS, June 4, 2010
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In re Adrienne Gierman
— Standing to Object to Fiduciary’s Account / Accounts / Actions of Fiduciary
STATE OF MICHIGAN COURT OF APPEALS, May 25, 2010
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Kenneth A. Hope Trust No. 1
— Extrinsic Evidence
STATE OF MICHIGAN COURT OF APPEALS, May 19, 2010
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In re William J. and Marian A. Dudley Trust
— Use of Extrinsic Evidence to Show Settlor’s Intent / Testimony of Scrivener
STATE OF MICHIGAN COURT OF APPEALS, April 29, 2010
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Estate of James Bryant Boyer, Deceased
— Default Judgment – Set Aside / Sanctions / Fees and Costs / Efficacy of DNA
STATE OF MICHIGAN COURT OF APPEALS, April 22, 2010
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Kay T. Hills Revocable Living Trust
— 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
STATE OF MICHIGAN COURT OF APPEALS, March 19, 2010
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Estate of Upjohn
— Res Ajudicata / Effective Accounting / Rule Against Perpetuities / Corporate Existence / Estoppel/Acquiescence
STATE OF MICHIGAN COURT OF APPEALS, March 19, 2010
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Claudia Maedel, as Guardian/Conservator for the
Estate of Thelma Ford v Ralph E. Ford
— Mental Capacity / Undue Influence / Unconscionable Bargain / “Competently Related” Doctrine / Involuntarily Dismissal / Presumption of Lack of Capacity
STATE OF MICHIGAN COURT OF APPEALS, March 19, 2010
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In re Loyer Estate
— Deed Delivery / Delivery to Third Party
STATE OF MICHIGAN COURT OF APPEALS, March 3, 2010
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Estate of Vera Esther Windham
— Interlineations / Copies of Wills / Holographic Will / Burden of Proof / Extrinsic Evidence / Mental Incapacity
STATE OF MICHIGAN COURT OF APPEALS, February 18, 2010
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Elmer M. Dobson Trust
— Constructive Trusts / Unconscionable Circumstances / Extrinsic Evidence / Improper Distributions / Innocent Misrepresentations / Acquiescence
STATE OF MICHIGAN COURT OF APPEALS, February 11, 2010
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Philip L. Payment, Sr. a/k/a Payment Estate
— 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
STATE OF MICHIGAN COURT OF APPEALS, January 7, 2010
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Estate of Calvin Graves, a Protected Individual
— Attorneys Liability / Constructive Trusts / Bailment
STATE OF MICHIGAN COURT OF APPEALS, December 9, 2009
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Estate of Norman Conn and Ethel Conn
Tracey Conn-Burnstein, Appellant v Alison Maniex, Appellee
— Reopening & Rehearing – After Discovered Assets
STATE OF MICHIGAN COURT OF APPEALS, December 1, 2009
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Larry Jerome LeBoeuf, A Legally Incapacitated Person
— No Fault / Conservator Fees / Heinz / One Year Back Rule
STATE OF MICHIGAN COURT OF APPEALS, December 1, 2009
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Gary Thomas Noon, Sr. Deceased
— Divorce Decree v Property Settlement Agreement / Enforcement of Decree Favoring Third Parties
STATE OF MICHIGAN COURT OF APPEALS, December 1, 2009
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Ronald B. Charfoos and Carol Charfoos Tator, Appellants
v Jack M. Schultz, Appellee
— Extrinsic Evidence / Legal Malpractice / Tortious Interference with Right of Inheritance / Abuse of Discretion / Rules of Professional Conduct
STATE OF MICHIGAN COURT OF APPEALS, November 20, 2009
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Lillian M. Faulhaber Trust
— Extrinsic Evidence / Settlor’s Intent / Bank Mergers and Consolidations
STATE OF MICHIGAN COURT OF APPEALS, November 12, 2009
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Estate of Ernest J. Lager, Deceased
— ERISA / Jurisdiction
STATE OF MICHIGAN COURT OF APPEALS, November 11, 2009
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Estate of Calvin Graves, a Protected Individual
— Attorneys Liability / Constructive Trusts / Bailment
STATE OF MICHIGAN COURT OF APPEALS, November 2, 2009
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In re Arbib Estate
— Contract to Make a Will / Sale of Land
STATE OF MICHIGAN COURT OF APPEALS, November 2, 2009
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Estate of Yolanda Hanrahan
— Appointment of Receiver / Mutual Mistake
STATE OF MICHIGAN COURT OF APPEALS, November 2, 2009
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Estate of Linda Louise Doerr
— Will Contest – Elements / Undue Influence / Fiduciary Relationship
STATE OF MICHIGAN COURT OF APPEALS, November 2, 2009
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Estate of Norman Conn and Ethel Conn
Tracey Conn-Bernstein, Appellant v Alison Maniex, Appellee
— Reopening & Rehearing – After Discovered Assets
STATE OF MICHIGAN COURT OF APPEALS, November 1, 2009
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Gerald Joseph Debusschere Amended Trust
Dana M. Caradonna, Appellee v Andre Debusschere, Appellant
— Interested Parties / Standing / Under Developed Arguments
STATE OF MICHIGAN COURT OF APPEALS, November 1, 2009
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Marlene Archer, et al (Plaintiffs-Appellants) vs
Charles Anderson and James Anderson (Defendants-Appellees)
— Subject Matter Jurisdiction – Probate Court vs Circuit Court
Correct Decision for Incorrect Reason
STATE OF MICHIGAN COURT OF APPEALS, August 20, 2009
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Elvis and Marilyn R. Hunt Trust
— Trustee’s Right to Withdraw / Trustee’s Right to Act Alone
STATE OF MICHIGAN COURT OF APPEALS, July 27, 2009
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Estate of Josephine M. Roosen, a Protected Individual
— Conservator Power and Court Jurisdiction Post Mortem/Implied Determination of Capacity – Effect of Conservatorship/20% of Income Rule – Charity
STATE OF MICHIGAN COURT OF APPEALS, July 22, 2009
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Stanley Bednarz Trust
— Incompetency/Capacity/Wills and Trusts/Lawyer (Layman) Opinion Over That of Doctor/Lucid Intervals/Vascular Dementia/Undue Influence/Rebuttal of Presumption/Silent Fraud
STATE OF MICHIGAN COURT OF APPEALS, July 6, 2009
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Estate of Lena Rangel, Deceased
— Undue Influence/Incompetency/Role of Attorney/Sequestration
STATE OF MICHIGAN COURT OF APPEALS, June 23, 2009
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Estate of Alexander Clark III, Deceased
— Tracing Assets/Constructive Trusts
STATE OF MICHIGAN COURT OF APPEALS, May 5, 2009
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Estate of Granville Floyd Reynolds
— Undue Influence/Implied Trust/Accounts of Convenience
STATE OF MICHIGAN COURT OF APPEALS, March 31, 2009
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Klingman Furniture Company
— Conflict of Law – Choice of Law
STATE OF MICHIGAN COURT OF APPEALS, March 6, 2009
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Estate of Janet Elaine Mandeville
— Decedent’s Estate Right to Contribution by a Tenant in the Entireties
STATE OF MICHIGAN COURT OF APPEALS, February 13, 2009
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For more information regarding these matters, please contact Mr. May at 248.740.5670 or via email.

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