Highland Park Trusts Lawyer, Michigan, page 5

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Anthea E. Papista

Mediation, Trusts, Estate Planning, Family Law
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Landlord-Tenant, Trusts, Divorce, Contract
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Commercial Real Estate, Municipal, Trusts, Securities
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Trusts, Family Law, Contract, Collection
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Government Contract, Trusts, Elder Law, Collection
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Michael P Donnelly

International, Wills & Probate, Trusts, Estate
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Daryl Adams

Trusts, Power of Attorney, Estate Planning
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James Robert Harris

Commercial Real Estate, Landlord-Tenant, Litigation, Bankruptcy, Trusts
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Bari Blake Wood

Litigation, Trusts, Criminal, Business
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LEGAL TERMS

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

NET ESTATE

The value of all property owned at death less liabilities or debts.

MARITAL LIFE ESTATE TRUST

See AB trust.

SURROGATE COURT

See probate court.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

PUBLIC ADMINISTRATOR

Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to t... (more...)
Someone appointed by a probate court to oversee probate proceedings when a person dies without a will or heirs, and his or her property is expected to pass to the state. Some states have public administrators who are responsible for temporarily preserving the assets of an estate if there are disputes about specific provisions in the will or about who will be appointed the regular administrator.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)
A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

SAMPLE LEGAL CASES

In re Kostin Estate

... We find that, by statute, the trial court was obliged to honor the Totten trusts. Michigan law honors Totten trusts. MCL 487.702 provides, in relevant part: ... Michigan law also provides: Express trusts may be created for any or either of the following purposes: * * *. Fifth. ...

In re Temple Marital Trust

... But appeals from a probate court decision are on the record, not de novo. See MCL 700.1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H. Coe Marital and Residuary Trusts, 233 Mich.App. ... In re Coe Trusts, supra; In re Baldwin Trust, supra at 396-397, 733 NW2d 419. ...

In re Mary E. Griffin Revocable Grantor Trust

... Although MCL 700.2518 does not apply to trusts, we conclude that it reflects this state's public policy that a no-contest clause in a trust agreement is unenforceable if there is probable cause for challenging the trust. ... 2 Restatement Trusts, 3d, § 29(c), pp. ...