News & Analysis as of

Probate Appellate Courts

Winstead PC

Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property

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In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history)....more

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

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In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Winstead PC

Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate...

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In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more

Warner Norcross + Judd

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

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A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

Warner Norcross + Judd

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 In re Guardianship of AMS, No 372183, 2025 WL 452248 (Mich Ct App Feb 10, 2025) (unpublished).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

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Carlton Fields

Florida Appeals Court Decisions Week of February 10 - 14, 2025

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U.S. Eleventh Circuit Court of Appeals - Horton v. Gilchrist - prisoner, amending pleadings - USA v. Archie - search and seizure...more

Warner Norcross + Judd

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

Warner Norcross + Judd

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

Patton Sullivan Brodehl LLP

Appointing a Receiver to Safeguard Against LLC Shenanigans

A prior post — A Receiver For Your LLC? — covered the basics of court-appointed receivers acting on behalf of an LLC. It is always worth keeping in mind that a receiver appointed to handle the affairs of an LLC is a “general...more

Downey Brand LLP

So What is a Trust, Really? Newell v. Superior Court and the Worst Party Game Ever

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Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga?  Maybe you went crazy and...more

Warner Norcross + Judd

Can Undue Influence be Proven Without a Direct Eyewitness?

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A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Warner Norcross + Judd

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

Warner Norcross + Judd

How Much Evidence is Necessary for a Will or Trust Contestant to Carry Burden of Proof?

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The Michigan Court of Appeals recently issued a decision that addresses how much evidence is necessary for a will or trust contestant to carry burden of proof. In this case, the decedent, Matthew, entered an assisted living...more

Warner Norcross + Judd

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

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On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

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