in Re Mangles Estate
331278
Mich. Ct. App.May 11, 2017Background
- Juanita Mangles died in 2002 leaving a will that devised her home to her son Darryl if he survived her; if he did not, the home would pass to appellant (Juanita’s granddaughter). The residuary was to be split between Darryl and appellant. Darryl was nominated as personal representative, with appellant as alternate.
- Darryl did not probate Juanita’s will or transfer title into his name during his lifetime.
- Darryl died in 2014. Terry Mangles (another son) was appointed personal representative of Darryl’s estate and claimed title to Juanita’s home as part of Darryl’s estate.
- Appellant argued awarding the home to Darryl’s estate contradicted Juanita’s intent to disinherit most of her sons and to give the home to appellant if Darryl did not survive Juanita.
- The probate court awarded Juanita’s real and personal property to Darryl’s estate and ordered the Estate of Juanita to execute a quitclaim deed; appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Juanita’s devise of the home vested in Darryl and thus passed to Darryl’s estate at his death | Appellant: Devise should not vest in Darryl because he did not probate or transfer title; awarding to Darryl’s estate thwarts Juanita’s intent to keep sons out | Terry/Darryl: Devise vested in Darryl on Juanita’s death; property devolved to him and upon his death to his estate | Court: Devise vested in Darryl on Juanita’s death under MCL 700.3101; award to Darryl’s estate affirmed |
| Whether the trial court rewrote or misapplied the will to defeat testator’s intent | Appellant: Court should construe will to effectuate Juanita’s stated disinheritance of sons | Terry: Plain language grants Darryl full interest if he survived; court must follow unambiguous will language | Court: Will is clear and unambiguous; court cannot rewrite it; must give words effect |
| Whether failure to probate causes lapse of the devise | Appellant: Nonprobate should cause lapse of devise | Terry: Probate procedure does not affect vesting under EPIC; rights devolved at death | Court: Argument inadequately developed and abandoned; in any event, vesting occurred at death regardless of probate |
| Disposition of personal property listed in Juanita’s estate | Appellant: Challenges award of personal property | Terry: Personal property awarded to Darryl’s estate | Court: No merit—listed personal property minimal, some donated or stolen |
Key Cases Cited
- In re Jajuga Estate, 312 Mich. App. 706 (court reviews probate factual findings for clear error and dispositional rulings for abuse of discretion)
- Boyd v. Civil Serv. Comm’n, 220 Mich. App. 226 (definition of clear error standard)
- Ypsilanti Charter Twp. v. Kircher, 281 Mich. App. 251 (abuse of discretion standard)
- In re Temple Marital Trust, 278 Mich. App. 122 (questions of statutory construction reviewed de novo)
- In re Estate of Reisman, 266 Mich. App. 522 (will interpretation: give plain language effect and avoid rewriting clear wills)
- Houghton v. Keller, 256 Mich. App. 336 (failure to properly brief an argument is abandonment)
- Yee v. Shiawassee Co. Bd. of Comm’rs, 251 Mich. App. 379 (cursory argument without authority is abandoned)