in Re Stan Estate

• Court: Michigan Supreme Court
• Decided: January 29, 2014
• Docket: 147508
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

January 29, 2014 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 147508 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack In re ESTATE OF GEORGE EUGENE STAN. David F. Viviano, Justices _________________________________________ GEORGIANN STAN, Personal Representative of the ESTATE OF GEORGE EUGENE STAN, Petitioner-Appellant, v SC: 147508 COA: 309958 Wayne PC: 2011-770208-DE CHRISTINE S. STAN, Respondent-Appellee.

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On order of the Court, the application for leave to appeal the June 20, 2013 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, J. (dissenting).

MCL 700.3905 provides that “a provision in a will purporting to penalize an interested person for contesting the will or instituting another proceeding relating to the estate shall not be given effect if probable cause exists for instituting a proceeding contesting the will or another proceeding relating to the estate.” (Emphasis added.) I would grant leave to appeal to consider whether the beneficiary of a will relying on this statutory exception to the enforcement of a no-contest clause can establish “probable cause” for a legal challenge if he or she did not ultimately prevail in the challenge.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. January 29, 2014 d0122 Clerk