Probate Court Properly Exercised Jurisdiction In Mental Health Code Case
The probate court in this Mental Health Code case properly ordered the respondent to undergo a combined program of hospitalization and outpatient services, the Michigan Court of Appeals has ruled, finding that the probate court had subject-matter jurisdiction over the matter.
Successor Trustee Did Not Breach Terms Of Settlement Agreement
The Michigan COA has ruled the trial court in this probate action correctly held that the terms of a trust settlement agreement were unambiguous and were not breached by the sole successor trustee.
Trial Court Did Not Err By Granting Appellee’s Petition For Sole Guardianship
The Trial Court did not err when it granted the Appellee’s petition to be sole guardian of the ward in question, AMMB, despite the Appellant’s multiple challenges to the order in question.
Probate Court Correctly Appointed Interim Trustee While Successor Trustee Decision Was Pending
The probate court acted properly and plaintiff did not establish that he was entitled to appellate relief, the Michigan Court of Appeals has ruled.
Appeals Court Upholds Order For Mental-Health Treatment
The Washtenaw County Probate Court properly granted a petition for the respondent to receive mental-health treatment.
The Restriction Agreement Was Not an Illegal Restraint on Alienation
The Restriction Agreement, which established specific terms for the signing parties to exercise a purchase option at the other parties’ death, was not an illegal restraint on alienation.
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.
Trial Court erred When it Compelled DNA Sample to Establish Paternity
The Trial Court erred when it compelled Appellant to provide a DNA sample to establish that Appellee was the biological son of decedent.
Probate Court Properly Delayed Petitioner’s Payment Of Filing Fees
The probate court had jurisdiction to order the payment of those fees at the end of the proceedings, the Michigan Court of Appeals has ruled.
Statements To Probate Court Were Privileged, Tort Lawsuit Dismissed
The defendants were properly granted summary disposition, because they were governmental employees who were entitled to quasi-judicial immunity.
Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision
The COA ruled the Marquette County Probate Court erroneously found that Anne Jones-Von Greiff did not qualify as the surviving spouse of Hermann Von Greiff for inheritance purposes.
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”.
Circumstantial Evidence Established “Presumption” That Beneficiary Exerted Undue Influence on Decedent
The COA reversed & remanded, finding there was an “abundant amount of circumstantial evidence” indicating that the Amendment was exerting undue influence on the decedent.
Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.
Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust
A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust.