A Trustee who was removed after beneficiaries initiated a civil action against her, appeals the resulting order on the basis that the matter was misplead.
In this published opinion, the Michigan Court of Appeals holds that while the initial pleading was incorrectly labeled as a civil action (as opposed to a probate proceeding), and while such an error is substantive, at the end of the day the erroneous label did not rob the probate court of jurisdiction to remove a trustee where proper cause was found.
Accordingly, the trial court’s decision is affirmed.
The case offers a helpful discussion about the distinction between probate proceedings and civil actions in probate court for the uninitiated – which seemingly includes Appellee’s trial counsel.
To read Ecker v Nickel, click here.
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