electronic probate attorney

Yes, You Can Create a Trust for Your Pets

2011-11-02T03:11:00.000-07:00

Recently, one of our estate planning clients wanted us to set aside a significant portion of her estate to care for her beloved pets; all four of them. So we arranged for a trust to be set up for the specific purpose of caring for her pampered pets.

This arrangement, more common than you think, is the subject of a new book titled, "Fat Cats & Lucky Dogs", co-authored by Grand Haven, Michigan native Gerry Beyer; now a law professor at Texas Tech School of Law.

We would emphasize the sub-title on Professor Beyer's book: "How to Leave (Some of) Your Estate to Your Pet".

In Michigan, decedents can also leave a portion of their estate to pets in a will. This concept was challenged by the family members of a decedent who left $9 million to her cat. The case originated in the Wayne County Probate Court; the probate judge assigned to the case upheld the decedent's wishes. His decision was affirmed on appeal.

Beyer's book walks you through the establishment of a trust with the assistance of an attorney; contains sample trust and will provisions; surveys state pet trust statutes (there are none in Michigan); references "after-death" pet services; and animal retirement homes.

If you are this kind of person, hit the web link to the author's book above for more information.

www.waterfordlegal.com

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Estate Planning Does Not Have to Cause Anxiety

2011-11-01T03:43:00.000-07:00

As noted in a recent WSJ article, "estate planning" seems to cause anxiety in many elderly people. It does not need to be so.

Many people are put off by the time it takes to gather the information necessary to putting together a good estate plan; it is akin to gathering information to complete a refinance transaction on your house. Also, there is the expense of the estate planning lawyer.

In general, people do not like to contemplate things like the death of a loved one; or incapacity, or mental illness. Also, estate planning often involves awkward conversations with family members; some may be selected, or nominated to serve in a fiduciary capacity while others are not.

These factors should not discourage you, however, from putting together some plan. When you make an estate plan of any kind, even one from a document package you find on the Internet, you are at least retaining some control over the process.

Just about anything is better than no plan at all. Dying intestate places your estate directly into the probate process, with your assets devolving to your "heirs at law" or worse, escheating to the state if you have no heirs.

It is never too early, or too late to seek out advice for the development of your estate plan. Call us for a free legal consultation.

www.clarkstonlegal.com

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SCOTUS Reprise: Stripper's Estate Gets Second Oral Argument

2011-01-21T03:19:00.000-08:00

Money isn't everything, right. Yet here is SCOTUS, taking a close second look at the money.

A case involving a Texas Billionaire's massive estate and a washed-up model turned stripper is on the SCOTUS docket for oral argument today, for the second time. You recall this case.

The estate of former Guess Jeans model whose, er, "married" name was Vickie Lynn Marshall, and who worked under the name Anna Nicole Smith, has carried on the lawsuit she filed shortly after J. Howard's death in 1995 at age 90.

Plenty of eyebrows were raised and family feathers ruffled in 1994 when Mr. Marshall took Smith as his third wife. Then he died and the lawsuits began.

And these lawsuits have just not stopped, despite (and perhaps because of) the fact that all the litigants have died. Anna Nicole Smith died in a drug overdose in 2007, shortly after the U.S. Supreme Court reversed an unfavorable decision for Smith issued by the U.S. Court of Appeals for the Ninth Circuit.

The case involves the scope of federal jurisdiction, eventually engulfing three separate court systems. At his death, Marshall had long established a trust estate plan leaving everything to his son, E. Pierce Marshall, who was also named trustee of the trusts. Smith contested the trust plan, asserting that Marshall told her he would leave a portion of his estate to Smith.

What would have been a simple, although large, Texas county probate tussle went federal when Ms. Smith was hit with a default-judgment for, of all things, sexual harassment. She filed for bankruptcy in California and her deceased husband's trustee-son claimed non-dischargability along with libel for statements Smith allegedly made against the decedent. Smith counter claimed in the bankruptcy court for interference with her husband's estate plan.

Now hang with me on this....

The federal bankruptcy court not only dismissed the trustee's claim, it awarded Smith nearly half a billion dollars on her counter claim, finding that Marshall's son did interfere with his father's testamentary wishes. This ruling was taken to the U.S. District Court where Smith's award was reduced to a paltry $88 million.

In the meantime, in an entirely separate proceeding, a Texas probate jury found that the decedent's estate plan was valid, ruling against Smith. These decisions were then considered by the Ninth Circuit who invalidated the federal district court's award to Smith, holding that the Texas probate court had exclusive jurisdiction over such matters.

SCOTUS disagreed back in 2006, reversing the Ninth Circuit and holding that some issues tainted by state probate court could legitimately find their way into federal court via a properly raised bankruptcy-related issue; i.e. Smith's counterclaim. The High Court then remanded the case back to the Ninth Circuit for a determination on the merits of that claim.

On those said merits, the Ninth Circuit again ruled against the stripper. Again, the stripper, this time through her estate because she had died, appealed to SCOTUS who once again granted certiorari. Responding to her claims is the estate of E. Pierce Marshall, who died shortly after Smith.

And now, viola, oral argument, chapter two is here today. Stay tuned for the result.

This time, the issue concerns the very nature of federal jurisdiction; delving even deeper into that subject than the first go around.

Regardless of how the High Court rules, the lesson we take away from this suit is that money drives the bulk of all litigation. Sometimes justice is just roadkill along side the road.

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Wayne County Probate Judge Milton Mack Receives National Award

2010-11-13T12:58:00.000-08:00

Wayne County Probate Judge Milton Mack received the 2010 Treat Award for Excellence from the National College of Probate Judges.

In a press release, the Michigan Probate Judges Association made the following statement regarding the award:

Wayne County Probate Court Chief Judge Milton L. Mack, Jr. is the 2010 recipient of the National College of Probate Judges’ Treat Award for Excellence. The award was presented today at the National College of Probate Judges’ annual meeting. Mack is the first Michiganian to receive the award.

Judge Susan L. Dobrich, Chief Judge of Cass County Probate Court, and Hon. Patrick J. McGraw, Chief Judge of Saginaw County Probate Court, took the lead in nominating Mack for the Treat Award. They were supported by numerous probate judges and others who praised Mack for his efforts to reform Michigan’s mental health system.

“Judge Mack has made countless contributions to the improvement of the administration of justice,” Dobrich and McGraw wrote. “Judge Mack has been unyielding in finding humane and alternative solutions for the mentally ill.” Dobrich is president of the Michigan Probate Judges Association; McGraw is chair of the MPJA’s Governance Committee.

Mack, who has served as a probate judge for 20 years, has advocated changing the standard for courts to order involuntary treatment of mental illness, in order to promote early treatment and reduce crime related to mental illness. He has proposed changes to the Michigan Mental Health Code to improve access to services for the mentally ill. In April 2010, Chief Justice Marilyn Kelly of the Michigan Supreme Court highlighted Mack’s efforts in her “State of the Judiciary” address before the Legislature.

Established in 1978, the Treat Award is presented annually to one who has made “a significant contribution to the improvement of the law or judicial administration in probate or related fields.” The award is named in honor of Judge William W. Treat, founder and President Emeritus of the National College of Probate Judges. Previous recipients include U.S. Supreme Court Justice Sandra Day O’Connor, Professor James Casner of Harvard Law School, and other prominent legal scholars.

From time to time, lawyers at Clarkston Legal have had the opportunity to appear before Judge Mack. He is very deserving of this award. It is very nice to have someone from our practice area receive such a distinction and honor.

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Needed: Legal Assistant for Robust Probate Practice

2010-10-17T06:39:00.000-07:00

If you have experience in a law firm or court and are seeking an interesting position as a legal assistant or associate attorney in the Clarkston-area, then read on. If you know someone interested in this type of employment, please send them the link to this post.

Clarkston-area attorney and court-appointed fiduciary seeks full-time assistant with social-work or legal experience for a dynamic and challenging position involving the administration and maintenance of guardianships, conservatorships, trusts, and estates.

Self-direction, strong management and organization skills, coupled with a desire to help others less-fortunate, are valuable traits for this position.

Working knowledge of computers, including on-line computer research skills, data base management, and familiarity with Quick Books or similar billing program is essential. Experience with the Social Security Administration, Oakland County’s Department of Human Services (formerly FIA), Medicare, Medicaid, and local mental-health organizations is a plus.

Specific duties include: responding to telephone queries from wards, their family members and care-providers, filing, document preparation, computer work, maintaining and organizing a computerized contact data-base and organized work area; reviewing incoming paperwork related to the wards; researching and investigating appropriate residential placements for wards; applying for and maintaining services and benefits provided by Social Security, Department of Human Services, Medicare, Medicaid, medical insurance providers, and mental health organizations; preparation and filing of probate court forms; assisting attorney at court; conducting regular ward-visits (must have own transportation); maintaining attorney’s probate calendar for hearings and appointments; and recording services provided to wards in a billing program.

This position pays hourly during a probationary training phase. Salary and benefits are possible, depending on the employee’s job performance, work-ethic and ability. Qualified candidates that demonstrate how this opportunity fits into their long-term professional formation and career development will be given the most serious consideration.

Please respond via email to:

info@clarkstonlegal.com

Katherine Jackson brings wrongful death lawsuit against AEG

2010-09-25T07:44:00.000-07:00

This is a recent post from The Probate Lawyer Blog of Oakland County Attorney Andrew W. Mayoras, and is his original content.

When Joe Jackson sued for the death of his son Michael Jackson, Katherine Jackson initially said she wanted nothing to do with it. Now Michael's mother, who is also the guardian of his children, has started her own lawsuit against the concert promotion company that, she claims, pushed Michael to his death.

Katherine's lawsuit blames AEG for the King of Pop's death and seeks damages on behalf of Katherine and Michael's children. You can download and read the lawsuit here courtesy of TMZ.com.

Among other reasons, it accuses AEG of negligently hiring, failing to supervise and controlling Dr. Conrad Murray, the doctor who has been criminally charged for causing the death by using Propofol (and other drugs) to help Michael sleep, when it was not medically appropriate.

Interestingly, the lawsuit does not name Dr. Murray as a defendant. Rather, it targets AEG and various officers and employees with the company.
In the lawsuit, Katherine alleges that AEG and the other defendants interfered with the doctor-patient relationship and ordered Dr. Murray to do whatever was necessary to make sure Michael attended a rigorous rehearsal schedule. She claims that AEG knew Michael was having adverse reactions to Dr. Murray's treatments (to the point he was shivering in a warm arena in the summer and was disoriented) yet still insisted on him keeping a grueling rehearsal schedule that he could not physically handle.

In doing so, the company required (and handsomely paid) Dr. Murray to do whatever was necessary to cause Michael to perform, instead of acting to protect him, the lawsuit states.

The legal filing also details how AEG allegedly controlled Michael's financial affairs so significantly that he had no choice but to accept its demands. AEG paid him substantial advances and had the right to hold him responsible for all money it paid out for the concert promotion if he did not perform. AEG had the right to attach his assets and even said it would end his career if he didn't comply, the suit claims.

In response to the allegations, AEG's lawyer calls the lawsuit "inaccurate, unsubstantiated and meritless". He also claims that AEG did not choose, hire or supervise Dr. Murray, but instead, he was a longtime personal physician of Michael Jackson.

This lawsuit's focus on the financial control that AEG had on Michael's life, and the impact that it had on his death, is not surprising. As The Probate Lawyer Blog discussed just after Michael died, a British Journalist who knew Michael wrote a fascinating article about how Michael's death was caused by the lengthy concert schedule, which Michael had no choice to do because he was in so much debt. The article said that this journalist actually predicted Michael's death six months before it happened.

This lawsuit will be a very intriguing one to watch. AEG's defense that it didn't choose or hire Dr. Murray won't matter much if it truly convinced him to push Michael to extraordinary lengths to perform, when it knew he couldn't physically handle it (as the lawsuit claims). But, of course, AEG denies it did anything wrong. As the lawsuit progresses, we'll see who is telling the truth.

info@clarkstonlegal.com

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Huge Claims Resolved in Davidson Estate

2010-09-05T07:43:00.000-07:00

When you die a billionaire, your estate is often going to be heavily litigated before a certificate of completion is filed with the probate court. Particularly when your widow (and business partner) is not the mother of your children.

Another ingredient for guaranteed protracted probate litigation: last minute changes to your will.

Local billionaire Bill Davidson's estate had all of these characteristics. After his death in March 2009, Davidson's estate was estimated at well-over a billion dollars.

Davidson parlayed his fortune from Guardian Industries, a glass company, into a sports empire that once included world-champions Detroit Pistons and Detroit Shock, as well as the Tampa Bay Lightning hockey team, and the Detroit Fury arena football team.

The estate and the $20 million claims filed against it, first denied but then eventually settled, are all on file with the Oakland County Probate Court. The terms of the settlement, however, are not.

Apparently, the problem arose when Davidson made changes to his 19-page will during the last week of his life. Those testamentary amendments broke-up Davidson's estate into three separate trusts and named his wife, a son and a daughter, all Bloomfield Hills residents, as the sole beneficiaries.

The probate litigants pitted Davidson's spouse and owner of the Detroit Pistons, Karen Davidson, against his son and daughter. The dispute involved claims against the estate filed by Milestones Upgrading & Industries Co., an Israeli company, and Big Ben Investments; companies with which Mr. Davidson had a long business-relationship.

The claims filed by Milestones and Big Ben alleged that Mr. Davidson made up to $20 million in investment pledges to the companies. Karen Davidson, listed as a manager for Big Ben, wanted her husband's estate to honor the pledges, saying they were consistent with Mr. Davidson's testamentary wishes.

In collateral "breach of contract" litigation assigned to Oakland Circuit Judge Nanci Grant, the corporate plaintiffs also privately settled the circuit court disputes via stipulated orders of dismissal in July.

While these large probate and circuit court disputes were being negotiated and resolved, you may recall rumors that Karen Davidson was shopping the Detroit Pistons. Fortunately, the Davidson Estate has enough money to resolve the expensive claims made against it and to apparently keep the Pistons right where they are; in the suburbs of the "D".

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Washtenaw County Guardianship Spotlights Problematic Surrogate Arrangement

2009-12-20T11:00:00.000-08:00

A recent Washtenaw County Probate matter received national attention over the weekend by appearing on the front page of the Sunday NYT, in an "above-the-fold" article by Stephanie Saul. The guardianship case involved a surrogacy contract between a Kent County couple and the surrogate mother from Ypsilanti.

Amy Kehoe and her husband contracted with both egg and sperm donors, then arranged for Laschell Baker to serve as the gestational surrogate. The Grand Rapids couple located Baker from the surromomsonline web site. The would-be parents also contracted for services with IVF Michigan, a fertility clinic.

Neither the Kehoes nor Ms. Baker had any legally recognized biologic connection to the babies; twins born in July. The babies spent their first month with their would-be parents, the Kehoes, but were then removed by the surrogate's successful probate petition for temporary guardianship.

Problems arose when the Kehoes appeared in the Washtenaw Probate Court for the agreed upon guardianship transfer from the surrogate to the Kehoes. According to the NYT, Mr. Kehoe disclosed at the hearing that his wife had been treated for a mental disorder.

In Michigan, the Surrogate Parenting Act prohibits contracts for gestational surrogacy services in exchange for fees as void on public policy grounds. In addition, surrogacy for profit is a five-year felony. The Act does not create parental rights for would-be parents who arrange for the creation of a baby.

In 1992, the Michigan Court of Appeals upheld the constitutionality of the Act in the case of John Doe -v- Michigan Attorney General, holding:

As overwhelmingly repugnant as the thought may be, unbridled surrogacy for profit could encourage the treatment of babies as commodities. Whatever sense of idealism that may motivate a fertile woman into hosting a pregnancy for an infertile couple is rent asunder by the introduction of the profit motive. It could be only a matter of time before desirable, healthy babies would come to be “viewed quantitatively, as merchandise that can be acquired, at market or discount rates.” O'Brien, Commercial Conceptions: A Breeding Ground for Surrogacy, 65 NCLR 127, 144 (1986). As the New Jersey Supreme Court commented in In re Baby M, 109 N.J. 396, 440, 537 A.2d 1227 (1988): “In a civilized society, there are some things that money should not be able to buy.” In our opinion, babies ought to be one of those things.

Ohio's Ninth Appellate District, in J.F. -v- D.B., 116 Ohio St 3rd 363 (2007), discussed but declined to follow the Michigan Court of Appeal's Doe case. To date, only California allows enforcement of surrogacy contracts where the inchoate parents have no biological connection to the baby.

In the Washtenaw County case, the surrogate mother denies there was a commercial surrogacy contract, claiming she carried the twins gratutiously, only seeking reimbursement for her medical expenses. Ms. Kehoe disputes this, blames Michigan's poor laws on this subject, and views Ms. Baker as a child-thief.

The Washtenaw Probate case draws attention to the lack of laws or guidelines relating to custody issues for children born under such circumstances. In this case, although neither set of competing parents had a biological connection to the child, although neither set of parents filed for adoption, the surrogate was awarded custody.

Ms. Kehoe has stated that her health issues are under control, but can no longer afford a sustained legal challenge to the surrogate's petition for guardianship of the twins. She also claims that lawyers have advised her that custody of the twins is unlikely. For her part, Ms Baker asserts that she never would have agreed to be the gestational carrier had she known about Kehoe's mental health history.

The case begs the question: does a surrogate mother have parental rights superior to those of a would-be parent that contracts for the creation of an infant? Intermediate appellate review of the Washtenaw Probate Court, or perhaps some different procedural maneuvers, could have improved Kehoe's chances for temporary guardianship and possible custody.

This issue is sure to surface again in the context of gay couples as the battle over gay marriage is waged on a state-by-state basis. More gay couples want to complete their families with children of their own. Surrogacy and adoption are the primary means to this end. [This NYT video clip provides an excellent introduction to the subject.] The American Bar Association, offering assistance to state legislatures and family court judges, has published a Model Act Governing Assisted Reproductive Technology.

As the 21st Century marches forward, some of our more traditional institutions, i.e. "family" and "marriage", are coming under pressure to evolve; to become more inclusive and less exclusive.

If you, a family member or loved one has guardianship, adoption or custody concerns, contact our law firm to discuss your options.

info@clarkstonlegal.com

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US Supreme Court Hears Juvenile Lifer Case

2009-11-12T08:35:00.000-08:00

On Monday, the U.S. Supreme Court heard oral arguments in two consolidated cases from Florida involving life sentences for juvenile offenders: Graham v Florida and Sullivan v Florida. What makes these cases interesting, and thus important, is that the victims in the cases were not killed, yet the offenders received life sentences without parole. A published decision will follow soon.

Here in Michigan, pursuant to a network of statutes, a juvenile may be tried as an adult. Michigan also has a variety of offenses which call for life sentences. There are no juvenile offenders, however, serving life sentences for non-leathal offenses in Michigan.

The question before the Supreme Court this week was whether a life sentence should be flat-out banned for non-lethal juvenile offenders. Chief Justice Roberts seemed to be lobbying his fellow-justices to provide the juvenile offender the opportunity to emphasize his "youth" under an 8th Amendment "cruel and unusual punishment" analysis. Roberts' approach was an alternative to the outright ban sought by the attorneys for the youths. He seemed to favor a "proportionality" analysis.

Full analysis of Justice Roberts' approach to the argument in this case is found on the SCOTUS blog.

There are about 100 such youth sitting in prisons on life sentences for non-lethal convictions; most of them in Florida, which has approximately three quarters. A recent NYT article suggests that tourism in the state may have been a factor in so many harsh sentences handed down to youths committing serious crimes in Florida.

Professional court watchers sensed sympathy for the youthful convicts from some of the Justices. A few seemed to favor a constitutional prohibition of such sentences. The rationale for the ban is cruel and unusual punishment. A secondary argument is that such youthful offenders could benefit from habilitation.

Other (more conservative) Justices seemed less sympathetic, wondering where the age line should be drawn.

Without a clear majority on this issue, our prediction is that the court will decide the case down ideological lines, resulting in a plurality decision (i.e. no clear majority in the opinion, with several justices writing separately from their colleagues).

The case also calls into question the age-old tension between states' rights to define their own criminal laws in accord with local mores and sentiments, and the constitutionally guaranteed rights of all citizens, regardless of the criminal code of the state in which they are convicted.

We will await the high court's decision and keep you posted on the result along with some of the other cases we are following. In the meantime, if a juvenile member of your family has been accused of a serious crime, contact our firm to discuss your options.

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Authorities expand investigation into "chicken coop" housing for elderly, mentally ill

2009-09-06T04:06:00.000-07:00

Authorities expand investigation into "chicken coop" housing for elderly, mentally ill

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Law Firms Going Paperless, Slowly

2009-08-23T17:12:00.000-07:00

Slowly but surely. That cliche best describes the pace at which area law firms are eliminating the paper clutter from their law offices.

As Southeast Michigan touts innovations such as "Automation Alley", the sluggish pace of paper elimination is frustrating to many legal practitioners. Colorado and a handful of other states already have state-wide paperless court systems. The federal courts have been paperless for years. In Oakland County, however, only a few judges have electronic filing as an e-pilot program. Fortunately, the experiment seems to be working.

In March 2002, Judge Joan E. Young, then the chief judge of the Oakland Circuit's family court, offered a standing-room-only presentation on the timeline for the court's so-called e-filing system. The audience consisted of attorney members of the Oakland County Bar Association, and courthouse staffers. In her presentation, Judge Young cautiously predicted that e-filing would be in place, in some form, by the end of 2004. She warned, however, that budget issues, tech contracts and other variables could slow the process.

Judge Young's predicted timeline proved accurate. A partial implementation of the e-filing system took root in late 2004, with several circuit judges actively participating in the e-filing system. Oakland County, however, has to use a different IT contractor than the federal court's outstanding PACER system. The WIZNET system utilized by Oakland County's courts works very well.

Law firms have since had to close the technology gap, and get their offices on board with the paperless process. Despite e-filing requirements foisted on them by some courts, problems persist.

While it is a simple matter to transmit a basic pleading via email to the court, complicated exhibits of a variety of sizes and shapes pose challenges. Also, some tribunals (such as case evaluators and mediators) will not accept e-filings. Some attorneys have not upgraded their Adobe Acrobat programs, essential to the e-filing process. Other attorneys cling to hard-copy files as a form of legal security blanket. Still other attorneys, incredibly, do not have computers. Many insurance defense attorneys refuse to sign stipulated orders with an agreed upon electronic protocol for filing pleadings and transmitting documents.

Perhaps the biggest frustration for tech-savy attorneys, in consideration of the above challenges, is that they now have to maintain both file media; paper and electronic. This wastes efforts and savages efficiency.

Despite these challenges, many cutting-edge practitioners are rising to the occasion. The paperless process will continue; it is not a trend but rather, a reality. Law firms can eliminate wasteful consumption of millions of reams of paper and cut the costs of processing, storing and eventually eliminating paper files. The flow of information comes ever-faster. Attorneys can manage this information much better if they do not have to worry about old-fashioned paper.

Law Partners Serve as Professional Fiduciaries

2009-06-12T03:04:00.000-07:00

Our firm, Karkstrom Cooney, LLP., has two partners that serve as professional fiduciaries. A professional fiduciary combines his or her legal knowledge of probate law with a common sense approach to conflict resolution.

Kathryn Caruso is a trustee on several large trusts. She brings her experience to bear in the management of various funds, and by managing disputes among competing beneficiaries. In addition to serving as a trustee on numerous trusts, Ms. Caruso also drafts trusts designed to avoid conflicts and expensive litigation. When a dispute among beneficiaries or family members cannot be resolved, Ms. Caruso, an experienced probate litigator, is hired to advance her client's interests in the probate court.

Timothy Flynn serves Oakland County as a court-appointed fiduciary on more than 50 guardianships and conservatorships. As guardian, Flynn makes residential placement decisions and is responsible for his wards' medical well-being. As a conservator, Flynn marshals and conserves his wards' financial assets. The probate court oversees and endorses the decisions made on behalf of Flynn's wards.

If you or a family member have an estate and would like to avoid probate with a trust, or have a loved one that could benefit from a guardianship or conservatorship, contact our office to explore your options.

Forefiture of Inheritance to Include Domestic Violence and Child Abuse

2009-05-31T20:35:00.000-07:00

Until recently, the probate code, known as EPIC, had a forefiture provision which provided that any beneficiary under a will that killed the grantor, was automatically disinherited. The Michigan Legislature, however, is seeking to expand probate forefiture to include "domestic violence" and "child abuse".

The desired effect of the new provisions is to deter abusive conduct on behalf of a beneficiary. Sadly, financial gain motivates many people to take advantage over others when they are often vulnerable. Elder abuse, curiously ommitted from the proposed probate legislation, is common among people suffering from a vaiety of age-related diseases and conditions.

Expanding EPIC's forfeiture provision to disinherit abusive conduct is a positve step. The Legislature should also consider including elder abuse within the scope of the forfeiture provisions. If you abuse someone, you should be able to gain an inheritance from them.

Macomb Woman Attempts Divorce from her Grave

2009-03-01T03:48:00.000-08:00

In a recent case originating from Macomb County, the Court of Appeals held that a woman scorned by her long-time, but absentee husband, could not effectively divorce him from her grave. In the case, the wife became ill and died of breast cancer after nearly three decades of marriage. Although the long-married couple was estranged at the time of wife’s death, they never filed for divorce or legal separation (known as separate maintenance in Michigan).

Because her husband had abandoned her during the 18-months she battled breast cancer, the wife executed a trust and will which left him nothing and appointed her sister as personal representative of her estate. When she died in 2002, the wife had spent years maintaining the “marital home” as well as a vacation property near West Branch. She paid all the property-related expenses without contribution from her husband.

Six-months after his wife’s death, the husband filed a petition in the Macomb Probate Court to set aside his deceased wife’s will and trust and to remove the cloud his wife placed on their properties. In the resulting court battle, the wife’s sister, relying almost extensively on out-of-state caselaw, asserted equitable contribution and abandonment theories, arguing that allowing husband to posthumously reap the benefits of his deceased spouse’s labors amounted to an unjust enrichment. The Court of Appeals was not persuaded, deciding that a married person cannot execute an estate plan that effectively acts as a “posthumous divorce”. The appellate court’s ruling keeps the sanctity of marital property intact and declined to “invent a claim” from which a decedent spouse can reach her surviving husband from her grave.

We are interested in what you think about the Court of Appeals ruling. Please post your comments.

Student Blogger(s) Wanted to Develop Probate Law Blog

2009-02-27T20:52:00.001-08:00

Our firm seeks to add some interest to the important but oft-dry subject of probate law, probate litigation, and estate planning. We are developing this law blog, the electronic probate attorney, to keep our current probate and estate planning clients informed of developments and to attract new clients. If you are a law student or a paralegal interested in this area, and would like to be on the ground floor of an amazing marketing project, then contact our firm to discuss opportunities.

Excellent computer skills are required along with a creative and positive personality.