Opinion
Docket No. 147508. COA No. 309958.
2014-01-29
In re ESTATE OF George Eugene STAN. Georgiann Stan, Personal Representative of the Estate of George Eugene Stan, Petitioner–Appellant, v. Christine S. Stan, Respondent–Appellee.
Prior report: 301 Mich.App. 435, 839 N.W.2d 498.
Order
On order of the Court, the application for leave to appeal the June 20, 2013 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. MARKMAN, J. ( dissenting ).
MCL 700.3905 provides that “a provision in a will purporting to penalize an interested person for contesting the will or instituting another proceeding relating to the estate shall not be given effect if probable cause exists for instituting a proceeding contesting the will or another proceeding relating to the estate.” (Emphasis added.) I would grant leave to appeal to consider whether the beneficiary of a will relying on this statutory exception to the enforcement of a no-contest clause can establish “probable cause” for a legal challenge if he or she did not ultimately prevail in the challenge.