Opinion
SC: 149671
04-23-2015
In re FILIBECK Estate. HEIDI J. FILIBECK, Personal Representative of the ESTATE of STEPHEN J. FILIBECK, Plaintiff-Appellee, v. LAURA J. BEAL, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein, Justices COA: 315107
Menominee PC: 2011-000065-CZ
On order of the Court, the application for leave to appeal the June 5, 2014 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a constructive trust was properly imposed where the defendant raised funds from third party donors to defray a relative's unexpected medical expenses for a life threatening condition, and those funds were placed in a credit union account in the defendant's own name, which she later withdrew for her personal benefit before the relative's death; (2) whether the decedent-beneficiary of the donated funds made a valid inter vivos or causa mortis gift of the funds to the defendant, including delivery of the funds to the defendant; and (3) if there was no such valid gift, whether the trial court erred in concluding that the remaining balance of donated funds must be paid to the decedent-beneficiary's estate, cf Matter of Gonzalez, 262 NJ Super 456, 460-463; 621 A 2d 94 (Ch Div 1992).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
April 23, 2015
/s/_________
Clerk