Probate Litigation

• Disputed Ownership of Joint Bank Accounts: Represented two of decedent’s three children in dispute with sibling over ownership of joint bank account; obtained judgment in favor of clients following 3-day bench trial.
• Creditor Claims against Estates: Represented two of decedent’s three children in dispute with sibling over his creditor claim against estate for compensation allegedly due; filed motion asking Court to deny creditor claim, which caused sibling to permanently withdraw creditor claim.
• Extensive experience representing individuals and entities in disputed estate, trust, fiduciary, guardianship and conservatorship matters.
• Represented individual and corporate personal representatives, trustees and other fiduciaries, as well as individual and charitable beneficiaries of estates and trusts.
• Often retained in cases involving emotional family disputes and complex legal issues.
• Represented clients in Probate Court proceedings throughout Michigan, as well as in appeals to Circuit Court and/or the Michigan Court of Appeals
• Challenges to Lifetime Gifts/Transactions: Represented many clients in litigation where it was claimed that a lifetime property conveyance was improperly obtained through mental incapacity, undue influence, fraud or duress:
  • Represented decedent’s four children in a lawsuit to set aside decedent’s deed conveying condo unit to their stepmother; the estate recovered the condo unit.
  • Represented decedent’s estate in lawsuit to invalidate decedent’s deed conveying his farm property to one of his five children; the estate recovered the property.
  • Represented decedent’s estate to invalidate decedent’s gift of nearly all her property to a neighbor; the estate recovered a substantial portion of the property through a favorable settlement.
  • Represented decedent’s estate to recover decedent’s substantial lifetime gifts to her accountant; the estaterecovered a substantial portion of the gifted property through a favorable settlement.
• Challenges to Estate-Planning Documents: Represented many clients in litigation where it was claimed that an estate-planning document was improperly obtained through mental incapacity and/or undue influence:
  • Represented decedent’s estate to challenge the validity of decedent’s handwritten will offered by decedent’s neighbor; obtained a favorable settlement.
  • Represented decedent’s surviving wife in multi-million-dollar case to set aside decedent’s will codicil and trust amendment; concluded with a favorable settlement.
  • Represented decedent’s three daughters who sought to invalidate their stepmother’s will; obtained a favorable settlement.
  • Represented decedent’s estate to oppose a will contest brought by decedent’s disinherited daughter; obtained a ruling in favor of the estate without the need for a trial.
• Misappropriation of Trust/Estate Assets: Handled numerous claims of misappropriation of estate or trust assets, including one case that resulted in a jury verdict of $2.3 million against a co-trustee for misappropriating a valuable coin collection, and another case in which a trust beneficiary sued the trustee (her brother) for misappropriating $8 million in trust assets, which resulted in a favorable settlement following appeal.
• Allegations of Breach Of Fiduciary Duty: Represented both fiduciaries and beneficiaries in cases where it was alleged that a fiduciary violated legal duties to the beneficiaries:
  • Represented three sisters who sued the corporate trustee for mistakes in administering their late father’s trust, including making unnecessary payments; following trial, the Probate Court decided that the sisters had proven a breach of fiduciary duty, so the trustee was not allowed to pay attorney fees from trust.
  • Represented the co-trustees of a trust to defend against the beneficiaries’ legal challenge of how the co-trustees funded the beneficiaries’ trust shares; obtained a favorable settlement.
  • Represented three brothers in an effort to force their aunt/trustee to distribute real property that the brothers were entitled to; the brothers got the property.
  • Represented decedent’s son who was sued for mismanaging his mother’s finances while serving as agent under durable power of attorney over an extended period; favorable settlement obtained during trial.
  • Represented an individual serving as trustee of his late father’s trust, who was accused of misconduct by his sister, a trust beneficiary; the trustee was exonerated of all charges and the sister was ordered to pay the trustee’s attorney fees.
• Interpretation, Reformation and Modification: Regularly retained in cases where a party seeks to have the Probate Court interpret an ambiguous testamentary instrument, reform a trust agreement based on a mistake or modify a trust agreement based on unanticipated circumstances.
• Removal of Personal Representative or Trustee: Extensive experience bringing and defending petitions to remove a personal representative, trustee or other fiduciary:
  • Represented an elderly woman who did not want a particular daughter to serve as her conservator and guardian; successfully persuaded the Probate Court to appoint someone else.
  • Represented a large group of siblings to petition for removal of their sister from her roles as patient advocate for the mother and guardian for a developmentally disabled sister; following trial, the Probate Court removed the sister from both roles.
  • Represented a woman in a petition for removal of her aunt as personal representative of her grandfather’s estate, due to the aunt’s delay in administering the estate; following a hearing, the Probate Court removed the aunt and appointed someone else.

Real Property Litigation

• Substantial experience representing clients in real property disputes and litigation.
• Represented property owners in lawsuits involving claims of adverse possession and boundary line disputes, including a case that went to trial in Lake County and resulted in a judgment for the property owner.
• Represented property owners in access easement disputes.
• Represented the trustee of a family cottage trust in litigation concerning use of the cottage and responsibility for payment of cottage expenses.
• Represented both landlords and tenants in eviction proceedings, including a case in Oceana County that resulted in a favorable jury verdict for the client.
• Represented banks and mortgagees in both judicial foreclosure actions and priority disputes with construction lien claimants.
• Represented tenants in common in actions seeking to partition or sell joint real property.
• Represented developers in numerous actions to amend or vacate a plat in connection with urban redevelopment.
• Represented property owners and claimants in quiet title actions and chain of title disputes.
• Represented insureds under title insurance policies with respect to coverage claims.
• Represented a title insurance company with respect to coverage decisions on claims raised by numerous construction lien claimants on a development project.