Probate/Estate Planning

Probate/Estate Planning

On 4 April 2013, in Rottenberg v. Lipsitz, the Michigan Court of Appeals held that the trust beneficiary could invoke the probate court’s jurisdiction, but could not claim the right to demand repayment of loans made by his father. The trustee, not the beneficiary, owns such claims, which should be litigated in proceedings regarding the decedent’s residuary trust, not regarding the survivor’s marital trust. The trustee’s right to demand repayment was an asset of the decedent’s residuary trust.

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