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Posts tagged "will"

The Michigan Supreme Court Can't Decide Whether It Is Proper For An Attorney To Write Himself Into His Client's Will

The Michigan Supreme Court on June 21, 2018 issued their much-anticipated opinion in the case of In re Mardigian Estate. In that case attorney Mark Papazian prepared a trust amendment and corresponding will for his client and friend Robert Mardigian. The new estate planning documents left the bulk of Mardigian's very substantial ($ millions) estate to Papazian and his children. Mardigian died six months later. Not surprisingly, Mardigian's family, comprised of his nieces and nephews, as he did not have any children, challenged the documents and accused Papazian of exerting undue influence in obtaining Mardigian's signature on the documents. The probate court summarily set the documents aside as contrary to public policy because Michigan Rule of Professional Responsibility 1.8(c) prohibits an attorney from preparing a document, such as a will or a trust, that gives the attorney or his family "any substantial gift." There is little doubt that the preparation of the will and trust was prepared in violation of this rule. 

The Thrill is Gone, But the Problems are Just Beginning: A Cautionary Tale

2015 saw the end of legendary bluesman B.B. King. While the 15-time Grammy winner died peacefully in his sleep, the time since his passing has been decidedly less so. King's estate, which is estimated to be anywhere between $5 and $30 million, is being fought over by King's 15 children from 15 different women.

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