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Probate Courts Appellate Courts

Warner Norcross + Judd

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its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

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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

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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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New Rulings from Michigan Court of Appeals Regarding Protection of Persons Subject to Guardianship

In December 2022, the Michigan Court of Appeals issued two important opinions regarding guardianships in Michigan. The first case, In re Guardianship of Roberta More Asplund, had to do with guardianship of an incapacitated...more

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Florida Appellate Court Reverses Summary Judgment for Attorneys Where They Could Have Remedied Prior Counsel's Mistakes and...

Baum v. Becker & Poliakoff, P.A., 47 Fla. L. Weekly D2374 (Fla. 5th DCA November 18, 2022) - Plaintiff sued her attorneys for malpractice, arguing that they failed to correct her previous attorneys' mistakes in order to...more

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Michigan Court of Appeals Rules on Propriety of Terminating Trust for Beneficiary Who Recovered from Disability

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In a recent Michigan Court of Appeals case, In re Special Needs Trust for the benefit of Talonda Moss, Docket No 357836, 2022 WL 2760235 (Mich Ct App Jul 14 2022), the court ruled on whether a trust created for a disabled...more

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