Estate and Trust Litigation
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Administering an estate or trust is no simple or easy process, and sometimes the administration of the estate does not go as planned:
- Not all assets can be accounted for
- The true intentions of the deceased are difficult to determine, or
- A will may be suspected of having been prepared under suspicious circumstances.
Perhaps you are entitled to part of the estate, or a larger share of the estate, but have been denied your fair share. As an Executor or Personal Representative, you may be asked to defend the validity of a will, or you may be a beneficiary of a trust where a trustee has absconded with the trust assets.
Steve Crane Jr. has knowledge and experience in dealing with conflicts that arise in the administration of an estate or trust. He has helped parties from both sides — fiduciaries and beneficiaries — find solutions to problems in an expeditious manner. His knowledge and experience can be your greatest asset when faced with the complex and daunting prospect of estate litigation.
For more than 20 years, Steve has successfully prosecuted and defended against legal actions and has achieved client objectives through arbitrations and negotiated settlements. As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief. For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.
If your issue concerns estate and trust litigation, you should contact Steve. He and his team can assess the facts of your case and help you determine your best approach moving forward.
To schedule a discrete and confidential consultation about your matter, email or call Steve at (248) 963-6300.
Estate & Trust Litigation Quick Links
What are the Rights of a Beneficiary?
If a deceased loved one has promised you property or assets prior to their death, you may have beneficiary rights. And whenever your beneficiary rights are violated, you can take legal action to ensure you receive the inheritance you are entitled to. Steve has decades of experience protecting the rights of beneficiaries.
What constitutes a Fraudulent Transfer of Assets?
Fraudulent transfer of assets is controlled by the Uniform Voidable Transactions Act (UVTA), MCL 566.31 et seq. This act was formerly known as the Michigan Uniform Fraudulent Transfer Act (MUFTA), MCL 566.31 et seq. which took effect on April 10, 2017. Among other changes, the amendment changed the short title of the act to the “Uniform Voidable Transactions Act.”
The UVTA defines two types of fraudulent transfers. One focuses on the transferor’s actual intent, and the other focuses on the economic realities of a transfer, or constructive fraud.
The first type, a transfer with actual intent, encompasses transfers made “with actual intent to hinder, delay, or defraud” a creditor and applies to transfers made either before or after the creditor’s claim arose. MCL 566.34(1)(a). Meanwhile, the second type of transfer, one based on economic realities is commonly called “fraud in law” or constructive fraud, deems certain transactions fraudulent regardless of the creditor’s ability to prove the debtor’s actual intent.
A fraud in law transfer applies only to transfers made after the creditor’s claim arose. Three elements of proof are required to prove a transfer based on constructive fraud: (1) the creditor’s claim arose before the transfer, (2) the debtor was insolvent or became insolvent as a result of the transfer, and (3) the debtor did not receive “reasonably equivalent value in exchange for the transfer . . . .” MCL 566.35(1).
Because debtors do not generally announce their intent to defraud, MCL 566.34(2) provides a means of determining the transferring debtor’s intent.
In determining actual intent consideration may be given, among other factors, to whether 1 or more of the following occurred:
(a) The transfer or obligation was to an insider.
(b) The debtor retained possession or control of the property transferred after the transfer.
(c) The transfer or obligation was disclosed or concealed.
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.
(e) The transfer was of substantially all of the debtor’s assets.
(f) The debtor absconded.
(g) The debtor removed or concealed assets.
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred.
(k) The debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor. [MCL 566.34(1)(a), (2).]
These subsections list so-called “badges of fraud,” i.e., “circumstances so frequently attending fraudulent transfers that an inference of fraud arises from them.”
To void a transfer based on constructive fraud pursuant to MCL 566.35(1), it must be shown by a preponderance of evidence, more likely than not, the claim arose before the transfers, that debtor was insolvent or became insolvent because of the transfers, and that the debtor did not receive “reasonably equivalent value in exchange for the transfer.”
If you believe assets were improperly transferred by the fiduciary either to someone other than a named beneficiary or to the fiduciary himself or herself, Steve can help fight for your rights. He has successfully been able to recover assets transferred by the decedent before they passed away which were induced fraudulently. He brings decades of experience pursuing fraudulent asset transfer claims.
What is a Will Contest?
A will contest is a type of lawsuit filed in the Surrogate’s Court to challenge the validity of a Last Will and Testament. Steve Crane regularly represents heirs who feel they have been unfairly treated in a will or disinherited altogether. He also represents executors who have an obligation and fiduciary duty to defend a will filed for probate.
What is Fiduciary Litigation?
Generally, provided a trustee acts as a reasonable and prudent person with respect to the trust, a trustee may retain counsel “to advise or assist the trustee in the performance of the trustee’s administrative duties,” § 7401(w), and to defend a claim or proceeding in any jurisdiction, § 7401(x). This includes authorizing the trustee to act “for the trustee’s protection in the performance of the trustee’s duties.” § 7401(x). Furthermore, a trustee may “act without independent investigation upon the attorney’s recommendation.” § 7401(w).
Steve is here to represent your interests whenever a conflict cannot be avoided. With each fiduciary litigation case, he draws on decades of experience protecting the interests of our clients. He offers a vast range of experience representing fiduciaries defending claims of misconduct, mismanagement, fraud, and negligence.
What is a Trust Contest?
Similar to a will contest, a trust contest is a type of lawsuit filed in the Surrogate’s Court to object to the validity of a trust. Steve brings decades of experience both contesting the validity of trusts as well as defending trusts.
Who Pays the Legal Fees if I raise a reasonable concern about the validity of a Will?
MCR 5.313(A) for the proposition that “attorney fees are allowable for necessary legal services performed on behalf of an estate or its fiduciary.” But, MCR 5.313(A) only permits attorney fees to a personal representative and makes no reference to other fiduciaries.
MCL 700.7401(2)(v) and (w) authorizes a trustee to retain counsel to perform necessary legal services to advise and assist the putative trustees in determining how the trust should be distributed. It also entitles counsel so retained to compensation for those services.
In sum, as long as you have a good faith reasonable belief the will is invalid, or is the product of duress or undue influence, or is the wrong will, the Court has the discretion to make the estate pay your attorney’s fees even if you do not end up as the beneficiary.
For more than 20 years, Steve has successfully prosecuted and defended against legal actions, and has achieved client objectives through arbitrations and negotiated settlements. As an experienced lawyer, Steve can gauge when it makes sense to go to court. He knows that a letter or phone call — with proper wording and timing — can be more effective or cost-efficient than suing for damages or injunctive relief. For those cases that must be presented to a judge or jury, he is eminently qualified to assert your interests.
If your issue concerns estate and trust litigation, you should contact Steve. He and his team can assess the facts of your case and help you determine your best approach moving forward.
To schedule a discrete and confidential consultation about your matter, email or call Steve at (248) 963-6300.