Probate Court Did Not Follow Statute When Removing Husband As Guardian
The probate court failed to abide by the requirements in the Estates and Protected Individuals Code (EPIC) when it removed a husband as the guardian of his incapacitated wife, the Michigan Court of Appeals has ruled.
Probate Court Properly Changed Trust To Direct That Proceeds Go To Estate
In this dispute over trust proceeds, the probate court correctly altered the decedent’s “special needs trust” to direct that the proceeds go to the decedent’s estate rather than to the trust’s residuary beneficiary, the Michigan Court of Appeals has ruled.
Appeals Court Enters Order Establishing SIJ Status For Guatemalan Child
The MI COA has ruled, for the first time, that the preponderance of the evidence standard applies in Special Immigrant Juvenile proceedings because the statute is silent on this issue.
No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.
Continuing Treatment Petition Valid Despite Noncompliance With Statute
The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.
MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes
A widow who filed for divorce more than one year before her husband’s death qualifies as his surviving spouse for inheritance purposes, the Michigan Supreme Court has ruled.
Protective Orders Reversed Because Probate Court ‘Put Cart Before Horse’
The Michigan Court of Appeals reversed the protective orders that were issued in these consolidated appeals, ruling the probate court “put the cart before the horse”.
Trial Court Interfered With Parent’s Right To Question Guardian Ad Litem About Report
In this parenting-time dispute, the trial court improperly 1) treated the guardian ad litem (GAL) as a lawyer-guardian ad litem (LGAL) and 2) denied the parties’ right to question the GAL at a hearing.
Adult Children’s Guardianship & Conservatorship Petition Improperly Rejected
A guardianship and conservatorship petition filed by the adult children of a protected individual shouldn’t have been disqualified based on speculation that they were “too young”.
Lawyer May Receive Gift Under Will & Trust He Prepared For Client-Friend
A Michigan lawyer was not automatically prohibited by the attorney ethics rules from being named as a beneficiary in a will and trust that he prepared for his client.
Michigan Is First State To Recognize ‘Digital Will’ As Valid
Michigan is on the cutting edge when it comes to probate law, recently becoming the first state in the nation to recognize a note left on a cell phone as a valid “digital will.”
Court of Appeals Addresses Standard and Burden of Proof for Removal of an Incapacitated Adult's Guardian
EPIC deals with, among other things, the appointment of guardians for incapacitated individuals. EPIC provides a list of people who can be appointed as a ward’s guardian.