BEST PROBATE LAWYER

You've seen the awards. Every week, it seems that another publication has a list. Best Probate Lawyer in Michigan Top Probate Lawyer in Michigan Who's Who of Probate Lawyers Super Probate Lawyer in Michigan These publications purportedly create these lists using all sorts of criteria. Of course, each publication claims to be the most highly-respected peer review guide. Today, [...]

MICHIGAN NO FAULT ACT

The Michigan courts have consistently ruled that expenses associated with both guardianship and conservatorship can be allowable expenses under the Michigan No Fault Act. “The no-fault insurance act is remedial in nature and must be liberally construed in favor of persons intended to benefit thereby.” Maloney ex rel Gauntless v. Auto Owners Ins., 242 Mich. [...]

VALID WILL

Wills are often written in odd places or in under odd circumstances. There is the famous story of a farmer trapped under his tractor in the field, who scribbled his Last Will and Testament on the fender of the tractor.  Yes, while trapped under the tractor he wrote his Will. Although rescued from being trapped under the tractor, he died from the [...]

STRUCTURED SETTLEMENT

A structured settlement provides a secure, tax-free, and management free investment that is often a sensible tool for a minor that will receive money from a settlement of a lawsuit.  There is much confusion about how a structured settlement works.  Specifically, there is uncertainty about when to use a structured settlement when settling a case [...]

MINOR DEFENDANT

How to Serve a Minor Defendant--- Frequently, I receive telephone calls from personal injury attorneys seeking assistance on how to effectuate service of process upon defendants that have died or are incapacitated. In those circumstances, a probate estate may be needed to be commenced and a fiduciary appointed to establish jurisdiction over the defendant. Imagine [...]

PROBATE SEMINAR

The Probate Pro is thrilled to announce that Darren Findling has been selected to present at the Michigan Association for Justice's 2014 Probate Seminar. The Probate Seminar will be held at The Westin Hotel, in Southfield, Michigan on April 25, 2014 from 9:00 am to 4:00 pm. The Michigan Association for Justice's mission is to promote a fair [...]

WAYNE COUNTY PROBATE COURT

The Probate Pro has the great privilege of appearing before probate courts throughout the state of Michigan.  One of the most enjoyable courts to practice in is the Wayne County Probate Court.  Why?  The Wayne County Probate Court has experienced and knowledgeable judges that understand probate law. The Wayne County Probate Court is located on [...]

COURTHOUSE RACE

As a child, I was never a fast runner.  Despite my best efforts to improve, my lack of the speed gene kept me from winning any races. We have all heard the cliche, "You can't teach speed."  I believe that to be true.  Fortunately, what I lacked in running speed was compensated by the speed [...]

MILLION DOLLAR WILL

The Million Dollar Will contest case. The usual suspects were nowhere to be found.  No undue influence issue.  No lack of mental capacity issue.  This case was unique. The surviving spouse was referred to my office following her husband’s death.  The children of the decedent objected to the Will that the spouse offered to the [...]

NEXT FRIEND

Often, Personal Injury Attorneys are retained to file actions to recover damages as a result of injuries incurred by a minor.  In order to file a cause of action, an adult must be appointed as either the Conservator or the Next Friend for the minor (see MCR 2.201(E)(1)).  A Guardian is not an appropriate fiduciary for [...]