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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

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

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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

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

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

Can Undue Influence be Proven Without a Direct Eyewitness?

Does a Fiduciary Have a Duty to Always Sell Real Estate to the Highest Bidder?

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

Can a Professional Guardian Delegate Their Decision-making Powers to an Employee?

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

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

Michigan Court of Appeals Clarifies Legal Standards for Interpreting Trust Agreements

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

When are Probate Court Decisions and Arbitration Decisions of Probate Disputes Appealable?

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

When Can the Probate Court Bypass a Nominated Personal Representative in a Will and Appoint Someone Else?

Did Woman Have Sufficient Mental Capacity to Deed One-Half of Her Real Property to Boyfriend?

Do Estate Beneficiaries Have a Default Right to Live in Estate Property Rent Free Until the Property is Distributed?

When is a Court Filing Considered “Frivolous,” Allowing for Court Sanctions?

Does a Declaration of Trust Ownership Convert a Beneficiary Designation to a Trust Asset?

Can a Court Change the Beneficiaries of a Trust if Estate Planning Changes Were Intended but not Accomplished Before Death?

Are Oral Instructions for Real Estate Transfers Enforceable in Probate Court?

Undue Influence Claims: Does Assisting an Elderly Person with Their Finances Create a Confidential/Fiduciary Relationship?

When May a Probate Court Appoint a Temporary Guardian for an Incapacitated Person?

When Must a Fiduciary Relationship Exist to Establish Presumption of Undue Influence?

When a Non-trustee Helps Administer the Trust

May the Surviving Co-grantor of a Joint Trust Amend or Revoke the Trust After the Death of the First Grantor?

Two Methods to Curtail a Litigious Beneficiary in Probate Court

More Marriages Being Contested In Probate Litigation

Powerful Procedural Tool to Recover the Assets of an Estate, Trust or an Incapacitated Person

Binding Non-participating Interested Persons Under a Mediation Settlement Agreement in Probate Litigation

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

Was the Trust Beneficiary Entitled to In-kind Distribution of Trust Assets?

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

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

Can a Probate Court Appoint a Guardian for a Person Who Already has a Medical Decision-Maker in Place?

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

Estate Case Confirms That a Personal Representative Who Improperly Transfers Estate Assets to Herself Should Be Removed

Michigan Court of Appeals Addresses Surviving Spouse’s Failure to Follow Terms of Trust Governing Her Withdrawal of Trust Assets

Michigan Court of Appeals Addresses Validity of Trustee’s Transfer of Trust Situs From Michigan to Illinois

Intestacy Case Sheds Light on Probate Court’s Ability to Order Genetic Testing for Decedent’s Children

Be Careful Using that Flowchart to Explain Your Client's Estate Plan

Does a Decedent’s Right to Receive an Accounting Survive His or Her Death?

Does Appointment of a Grandparent as Guardian for a Minor Child Violate the Parent’s Constitutional Right to Raise the Child?

Can You Lose the Right to Inherit from Your Spouse if Your Spouse Dies while Your Divorce Case is Pending?

If the Contestant Establishes the Presumption of Undue Influence, May the Trial Court Grant Summary Disposition in Favor of the Proponent?

Can a Person Act on Behalf of a Decedent’s Estate, Before Being Appointed as Personal Representative?

Proving That Bank Account Funds Were Obtained Through Undue Influence

Does a Trustee Have the Power to Enforce the Settlor’s Charitable Gift?

Who Receives the Funds in a Joint Bank Account When One Co-Owner Dies?

In a Will Contest, When Is Mental Capacity Evaluated?

Michigan Court of Appeals Ruling Addresses Recovery of Attorney Fees in Trust Litigation

The Challenge of Proving Lack of Mental Capacity to Make a Will

Letting the Parent Decide Whether to See a Child in a Guardianship Case

Constructive Trust – A Remedy for Getting Property to the Rightful Owner

Attempted Disclaimer of Trust Assets Ineffective, Says Michigan Court of Appeals

Michigan Court of Appeals Addresses Mechanics of Transferring Guardianship from Michigan to Another State

Michigan Court of Appeals Affirms Involuntary Mental Health Treatment Order

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Michigan Probate Litigation Cases and News

Partners <a href="https://www.wnj.com/people/david-l-skidmore/" target="_blank" rel="noopener">David Skidmore</a> and <a href="https://www.wnj.com/people/laura-e-morris/" target="_blank" rel="noopener">Laura Morris</a> inform readers on the ebbs and flows of probate litigation law – and its impacts on decedents and their beneficiaries. They offer their professional perspective to help discern the best course of action for varying probate litigation matters.

About Michigan Probate Litigation Cases and News Blog

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