Mike Sullivan and David Anderson recently obtained summary disposition in the Oakland County Probate Court in a case arising from a decedent’s estate. The personal representative of the estate sued her former lawyers, contending that they should have advised her that she could not use trust proceeds to pay off the mortgage on her home at a favorable interest rate. When the trust beneficiaries discovered the transaction, the personal representative was sued, and was forced to undo the mortgage transaction. Mike and David were able to convince the Oakland County Probate Court that summary disposition was appropriate, given that the mortgage scheme entered into by the plaintiff/personal representative was entered into without any input from the lawyers at all. Ultimately, the trial court granted summary disposition, and subsequently granted a motion for sanctions pursuant to MCR 2.114, finding that the claim as filed by plaintiff was frivolous. Mike and Dave’s client obtained a Judgment against the plaintiff for the full amount of the attorneys fees expended in defense of the matter.
12/08/2011
