Markey, J - KARAM v. LAW OFFICES OF RALPH J. KLIBER, 253 Mich. App. 410, 412 (Oct 8, 2002)
In 2002, Markey wrote the opinion Karam v. Kliber where she stated verbatim:
"The estate plan consisted of a last will and testament and a revocable trust (including amendments) with the decedent as the settlor and trustee."
Markey, wrote the absurd opinion in our case that you may read here: COA 359979.
The opinion Markey wrote in Karam clearly conflicts with the opinion she wrote in
In re Ralph A. Siddell Living Trust.
Markey, and the other judges on the panel, Christopher Murry and Kathleen Feeny (formerly with Mika Meyers) wrote an absurd opinion in our case that essentially legitimatized elder financial exploitation to rob a family of meaningful heirlooms.
These judges were clearly advised of the relevant laws identified below in briefing, but instead, relied on the misrepresentions of David R. Heilman and his attorneys Angela M. Caulley and Neil Marchand of Miller Johnson as well as Thomas Kuiper of Kuiper Kramer, representing Wounded Warrior Project.
By failing to remove the trustee for serious breach of fiduciary duty and attorney misconduct and concealment, and by failing to enforce the laws of Michigan, these judges facilitated the irreparable destruction to our family, especially for our 80-year-old aunt, Linda Smith.
MCL 700.1205(3) -- Two-Year Tolling for the documented concealment, fraud and perjury of David R. Heilman and his attorneys
MCL 700.7814(1) -- A trustee's duty to disclose all material information necessary for a beneficiary to protect their interests
MCL 700.7604(1)(b) -- Six-months limitations period to contest a trust. The judiciary was advised that this statute requires the application of statutory definitions:
Michigan Supreme Court
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices (Not!)
ORDER
On order of the Court, the application for leave to appeal the May 11, 2023 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.
Serious misconduct by a trustee and dishonesty by attorneys
is acceptable to the Michigan judiciary
SYSTEMIC JUDICIAL FAILURE AND CORRUPTION
TAKEAWAY
Notwithstanding constitutional and statutory protections . . .
Don't expect equal protection or due process rights in Michigan despite documented concealment, perjury, or critically, elder financial exploitation in violation of MCL 400.11(f), MCL 700.145m(u)(i) and (iii) and MCL 750.174a!
A. MCL 700.7103(n) - "Trust instrument" means a governing instrument that contains the terms of the trust, including any amendment to a term of the trust.
B. MCL 700.1107(n) - "Trust" includes, but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. Trust includes, but is not limited to, a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Trust does not include a constructive trust or a resulting trust, conservatorship, personal representative, custodial arrangement under the Michigan uniform transfers to minors act, 1998 PA 433, MCL 554.521 to 554.552, business trust providing for a certificate to be issued to a beneficiary, common trust fund, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or another arrangement under which a person is a nominee or escrowee for another.
C. MCL 700.1107(k) - "Terms of a trust" or "terms of the trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.