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Appellate Courts Probate Courts Fiduciary Duty

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When Can a Probate Court Remove and Replace the Legal Guardian for an Adult?

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The Michigan Court of Appeals recently answered these questions. In re Guardianship of AMS, No 372183, 2025 WL 452248 (Mich Ct App Feb 10, 2025) (unpublished). AMS was married to Thomas, and she had two daughters, Theresa...more

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What is a Special Fiduciary and When Can the Probate Court Appoint One?

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The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

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Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished). This appeal involved the probate court's winddown of the Donald F. Clark Trust....more

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A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office- UPDATED 12-23-2024

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This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

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Michigan Court of Appeals Agrees that Personal Representative Could Not Pay Legal Fees from Estate Assets

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The Michigan Court of Appeals recently identified a situation in which the personal representative of an estate is not entitled to have attorney fees paid from estate assets. Braun Kendrick Finkbeiner, PLC, v. Estate of...more

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