Under MCR 5.121(D)(2)(a), a probate court has an affirmative duty to afford all interested persons the opportunity to examine and controvert a guardian ad litem (GAL) report once it has been received into evidence—regardless of whether the interested person formally requests access and regardless of whether the report is designated as confidential.

The Court of Appeals concluded that the probate court acted within its discretion when it determined that the appellant’s litigation did not enhance, preserve, or protect trust property, provisions that MCL 700.7904(1) requires before awarding fees from the trust.

The Michigan Supreme Court has remanded a probate dispute to the Court of Appeals, ordering the three-judge appellate panel to explain why it awarded a party vexatious appeal sanctions under the Michigan Court Rules.

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.