Mike Sullivan and David Anderson recently obtained summary disposition on behalf of their law firm client arising out of a probate estate. After engaging in self dealing activities vis-à-vis her family trust, (Plaintiff and her husband had loaned trust assets to themselves in order to pay off a substantial mortgage on their home, and them borrowed twice more against the property without disclosing the first mortgage in favor of the family trust) the Plaintiff/Trustee sued the defendant law firm alleging that they had failed to advise her that she should not engage in such conduct. When challenged by one of the beneficiaries, they attempted to blame the law firm. The Oakland County Probate Court saw through Plaintiff’s complaint, and granted summary disposition, finding that the actions undertaken by the Plaintiff Trustee were undertaken on her own, and not in reliance upon any advice from the law firm.
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