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 KRISTINA MOON, Personal Representative, Appellant, UNPUBLISHED August 14, 2014 v No. 315698 Eaton Probate Court MERLIN MOON, LC No. 08-045647-DE Appellee.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P P E A L S In re MARK E. MOON ESTATE KRISTINA MOON, Personal Representative of the Estate of MARK E. MOON, Appellant, UNPUBLISHED January 27, 2011 v No. 294176 Eaton Probate Court MERLIN MOON, LC No. 08-045647-DE Appellee.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]
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]