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Posted: Feb 7, 2019, 2:50 PM
A guardianship and conservatorship petition filed by the adult children of a protected individual should not have been disqualified based on sheer speculation that they were “too young” and might be “pushed, and prodded, and pulled” by other family members, the Michigan Court of Appeals has ruled.
Posted: Jan 30, 2018, 10:30 AM
In the case of In re Conservatorship of Rhea Brody, No. 332994, the Michigan Court of Appeals (MCOA), affirmed the lower court’s appointment of a conservator over Rita Brody, an adult, under the Estates and Protected Individuals Code (EPIC) MCL 700.5101 et seq.
Posted: Nov 6, 2017, 3:30 PM
In its recently published opinion, In re Guardianship of Dorothy Redd, __ Mich App __; __ NW2d __ (2017) (Docket 335152), the Court of Appeals addressed the standard for removal as well as the burden of proof for removing the guardian of an adult. The case involved Dorothy, an incapacitated elderly woman, Gary, her son, and Nichole, Gary’s daughter and Dorothy’s granddaughter. Gary had served as Dorothy’s guardian for 2 years.
Posted: Jun 22, 2017, 7:10 PM
The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683.
Posted: Apr 10, 2017, 11:05 AM
Michigan Probate and Estate Planning Journal
Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
Posted: Jul 1, 2016, 3:45 PM
The Court of Appeals (COA) reversed the decision of the probate court, confirmed by the circuit court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship. The matter was returned to the Probate Court for further proceedings.
Posted: Jan 14, 2014, 8:35 AM
In an unpublished decision of the Michigan Court of Appeals, In re Mina L. Olson Trust (Docket No. 307835), the Court of Appeals upheld a probate court’s order that approved as reasonable and necessary legal fees billed by a law firm that had been retained by a former trustee, even though the fees were partly due to the trustee's negligence.
Posted: Jan 30, 2012, 10:05 AM
In the underlying action of In re Moore, unpublished per curiam opinion of the Court of Appeals, Docket No. 298100, December 22, 2011, an interested party in a probate estate (son) alleged that the personal representative provided fraudulent misinformation about the legal obligation to repay a mortgage loan secured by a mortgage on real property.
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