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P P E A L S In re MARK E. MOON ESTATE KRISTINA MOON, Personal Representative of the Estate of MARK E. MOON, Appellant, UNPUBLISHED January 27, 2011 v No. 294176 Eaton Probate Court MERLIN MOON, LC No. 08-045647-DE Appellee.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]
Farmers Face Unique Challenges in Estate and Succession Planning
Planning for the succession of the family farm poses some unique challenges and should not be undertaken by those who are not familiar with the industry. While farmers are similar to many closely held business owners, there are some situations that make them unique. For example, farmers tend to have high “book value” because so much of their estate consists of land. However, they tend to have low cash value and lack liquidity. This situation used to cause a severe problem when a farmer died because the value of their estate would most often exceed the amount of the exemption or “unified credit” for federal estate taxes and the estate would struggle to find sufficient cash to pay the estate tax. However, this situation has been greatly mitigated now that the unified credit amount is over $5,000,000 per person and over $10,000,000 per ... [Continue Reading]
Critical Cases to Watch: Township of Richmond v Rondigo, LLC
Macomb County Circuit Court File Nos. 2006-001054-CZ and 2006-004429-CZ Unpublished Court of Appeals Case No. 304444 While all of us enjoy our work and have a passion for the areas that we practice in, the fact is that we need to get the bills paid. The Rondigo case is not only an important case in protecting our ability to be paid for our services, but even more important in protecting farmers from nuisance cases that they usually could not afford to defend. At issue in this case is MCL 286.473b of the 1981 Right to Farm Act (the “act”). Section 3b of that statute reads: “In any nuisance action brought in which a farm or farm operation is alleged to be a nuisance, if the defendant farm or farm operation prevails, the farm or farm operation may recover from the plaintiff the actual amount of costs and expenses determined ... [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]