Defendant's Attorney:

Description: Bad Axe, Michigan civil litigation lawyers represented the parties in a probate and trust property dispute.

Gretchen Haist and Beth Kuhl, filed a combined complaint and petition requesting that respondents-appellees, Carol Maust and Laura LaBair, be examined about trust property pursuant to MCL 700.1205(1), and trust assets that were improperly distributed and should be returned pursuant to MCL 700.3911. Petitioners alleged that respondents' actions constituted conversion, embezzlement, and/or fraud. Respondents sought summary disposition under MCR 2.116(C)(7) (prior judgment) and (C)(8) (failure to state a claim).

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Legal issue Can petitioners be considered interested persons under EPIC to claim improperly distributed estate and trust assets, or are their claims barred by res judicata?

Key Phrases Trust property examination. Improperly distributed assets. Summary disposition. Interested persons. Res judicata.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: