158408 - In re Robert E Whitton Revocable Trust
Attorney Information
|
In re Robert E. Whitton Revocable Trust
|
|
|
|
_____________________________
|
|
|
|
Molly Michaluk,
|
|
Robert Zawideh
|
|
|
Petitioner-Appellant,
|
|
|
v
|
(Appeal From Ct of
Appeals)
(Oakland PC – Hallmark,L.)
|
|
|
Eddie Whitton and Richard Whitton, Successor
Trustees of the Robert E. Whitton Revocable Trust,
|
|
Michael Latiff
|
|
|
Respondents-Appellees.
|
|
Order Link
Order Link 2
Order Link 3
Opinions Link
Opinions Link 2
Opinions Link 3
Summary
Page Content
Petitioner is a beneficiary
of her deceased father’s trust. The trust contains an in terrorem clause
providing that any beneficiary who contests the trust forfeits his or her
interest under the trust, unless probable cause for the challenge exists.
Petitioner sought a declaratory ruling on whether an action to modify the
trust, to give her a greater share of the trust assets, would violate the in
terrorem clause, and if so, whether she has probable cause. The probate court
denied the petition, ruling that the proposed action would violate the in
terrorem clause and would not be supported by probable cause. In an unpublished
opinion, the Court of Appeals affirmed the denial of the petition on the basis
that any challenge to the trust was purely hypothetical and therefore the case
was not ripe for judicial resolution. The court held that McLeod v McLeod, 365 Mich 25 (1961), was dispositive, and it vacated
the probate court’s ruling on the probable cause issue. The Supreme Court has
ordered oral argument on petitioner’s application for leave to appeal to address
whether the Oakland Probate Court had jurisdiction to entertain the request for
declaratory relief in light of McLeod.