June 28, 2017: Attorney Andy Gerdes of Capital Bankruptcy and Sally discuss how important it is for attorneys in different practices to work together for the Client's needs. http://www.fox47news.com/entertainment/shows/the-morning-blend/babbitt-legal-group-pc-62817 ... [Continue Reading]
Enhanced Knowledge in Contested Probate Matters Helpful in Mediations
Like many mediators, I have been through the requisite training to be a court approved mediator in both general civil and domestic relations mediation. And theoretically, I can mediate any type of case. However, as a litigator, I feel that it is a great benefit to have a mediator who is knowledgeable and experienced in my area of work—probate and trust matters. Contested or litigated probate matters may involve such issues as challenges to the validity of a will or trust, challenges to accountings or fees, interpretation of discretionary provisions in a document, breach of fiduciary, and guardianship and conservatorship proceedings. Challenges often deal with matters of legal capacity or undue influence, so having experience in the symptoms and nuances of these problems is very helpful. There are several reasons that probate and trust ... [Continue Reading]
Estate of Mark Moon, the Sequel
Little did I know there would be a sequel..... S T A T E O F M I C H I G A N C O U R T O F A P P E A L S In re Estate of MARK E. MOON. KRISTINA MOON, Personal Representative, Appellant, UNPUBLISHED August 14, 2014 v No. 315698 Eaton Probate Court MERLIN MOON, LC No. 08-045647-DE Appellee. Before: SAAD, P.J., and OWENS a nd K.F. KELLY, JJ. PER CURIAM. Appellant, as personal representative of the estate of Mark E. Moon, appeals as of right the probate court’s order that denied her motion for summary disposition, which requested that the probate court determine that the estate has a 50 percent partnership interest in real property titled in appellee’s name. We affirm. As a preliminary matter, appellee claims that this Court does not have jurisdiction because not all interested parties appear to have been served with the claim of appeal. ... [Continue Reading]
Estate of Mark Moon
Below is the Court of Appeals Opinion on a case that I worked on in the trial court. I represented the appellee, Merlin Moon. S T A T E O F M I C H I G A N C O U R T O F A P P E A L S In re MARK E. MOON ESTATE KRISTINA MOON, Personal Representative of the Estate of MARK E. MOON, Appellant, UNPUBLISHED January 27, 2011 v No. 294176 Eaton Probate Court MERLIN MOON, LC No. 08-045647-DE Appellee. Before: MARKEY, P.J., and WILDER and STEPHENS, JJ. PER CURIAM. This case arises from a dispute regarding whether certain property belongs in decedent’s estate. The probate court held that a partnership existed between decedent Mark E. Moon and his father, appellee Merlin Moon, and that appellee therefore has a 50% ownership stake in several items that had been listed in the estate inventory. Appellant Kristina Moon, the personal representative of ... [Continue Reading]
Agricultural Industry Brings Unique Needs for Estate Planning
For individuals and families in the agricultural industry, planning for incapacity and succession to the next generation can pose some unique issues in estate planning. While many decisions and situations are universal to all people preparing an estate plan, those in the agricultural industry are uniquely situated and need to pay special attention to the fact that the feasibility and impact of their decisions are often very different than their non-agricultural friends and family. For instance, as much as we all want to ignore the fact, any of us could become disabled and unable to work at any time. For some people, that will force an early retirement. When you are in the agricultural industry, planning for incapacity is more than simply delegating another person to run to the bank for you or sign routine paperwork for you. Who will ... [Continue Reading]