No Mistake About It

By Doug Chalgian on July 25, 2023

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Disinherited Child says:  Sure, Mom cut me out of her trust, but that was only because I was going through bankruptcy.  Everyone knows, and I can prove, that she was going to put me back in once my bankruptcy situation was resolved.  Problem is she became demented before she had a chance to make that change, and now she’s dead.

Child seeks reformation of the trust, calling it a “mistake” and relies on MCL 700.7145 which says:

The court may reform the terms of a trust, even if unambiguous, to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence that both the settlor’s intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.

Court of Appeals retorts:  Maybe she did intend to do that, but the trust she signed clearly disinherited you, which is exactly what she believed she was doing, intended to do, and accomplished.  There’s no mistake about it.

Accordingly, the decision of the trial judge dismissing the complaining Child’s case is affirmed.

In Re Rhea Brody Trust is unpublished.  Click on the name to read the case.



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mm By: Doug Chalgian
Doug Chalgian

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