The Probate Pro was recently retained to represent a guardian and conservator of an out of state matter in which the person under protection was placed by the guardian in a rehabilitation facility in Michigan. A non-family member, allegedly on behalf of the person under protection, filed a Writ of Habeas Corpus seeking to release him from the facility.
Habeas Corpus in Law School? Back to the Law Books!
As a probate practitioner, the first thing I had to do was remember to go back to the books to re-learn my habeas corpus course from law school! The petitioner’s strategy was unique because habeas corpus is a proceeding used in criminal proceedings to release an inmate from a government entity. The Probate Pro argued that the petitioner lacked standing to bring the matter on behalf of the person under protection, lacked jurisdiction, and that a writ of habeas corpus was not an appropriate remedy in these circumstances. On summary disposition, the Oakland County Circuit Court ruled on behalf of my client.
If you have a bizarre fact pattern or an ugly mess, The Probate Pro is interested. Ugly messes are our passion.
At The Probate Pro, we litigate probate issues. Probate fights can be nasty, exhausting and expensive. Whether you’re about to enter a probate fight or are already immersed in one, it’s important to know what happens in probate litigation. Let’s go over the probate litigation process so that you know what to expect.
Probate Litigation is when there is a dispute during the probate process.
The Probate Pro’s trust and probate estate litigation attorneys have significant experience in handling routine and complex will and trust controversies for a broad range of clients including trustees, executors, personal representatives, family members, beneficiaries and other interested parties. The Probate Pro has successfully litigated claims involving:
- Beneficiary Disputes
- Breach of Fiduciary Duty
- Will and Trust interpretation, construction and reformation
- Fraud, Duress and Undue Influence
- Claims for and against Estates and Trusts
- Intestacy and determination of heirs
- Misappropriation of assets
- Charitable Gift Disputes
- Spousal Rights