In re Stillwell Trust
299 Mich. App. 289
| Mich. Ct. App. | 2012Background
- Stillwell executed a revocable trust in 2001; the trust provided for a written list to govern personal property distributions.
- Stillwell died in 2010; before death she left handwritten notes inside an envelope with instructions purportedly directing distributions.
- Notes were unsigned and not labeled as an amendment, but Stillwell intended them as a final directive on her estate.
- The notes claimed to amend the trust and to alter personal-property distribution, including paying college debts of Jacob and Dessa before general distribution.
- Mary and petitioner adopted Avery six days after Stillwell’s death, prompting a dispute whether Avery is a beneficiary.
- Probate court held the notes were an amendment and that Avery was a beneficiary; respondents appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether handwritten notes amend the trust | Dudley-Marling argues notes constitute amendment. | Respondents contend notes unsigned, no amendment. | Yes; notes substantially complied and amended the trust. |
| Whether Avery is a trust beneficiary | Avery is a grandchild per trust’s broad class. | Avery was not a grandchild at death; not class member. | Avery not a beneficiary; class closed at testator’s death. |
Key Cases Cited
- In re Reisman Estate, 266 Mich App 522 (2005) (trust interpretation; de novo standard; intent of settlor)
- In re Kostin Estate, 278 Mich App 47 (2008) (amendment; substantial compliance with trust terms)
- In re Temple Marital Trust, 278 Mich App 122 (2008) (amendment of trust; interpretation under EPIC)
- In re Raymond Estate, 483 Mich 48 (2009) (standard of review; factual findings)
- In re Fitzpatrick Estate, 159 Mich App 120 (1987) (class gifts; vesting and survivorship)