Linda Smith, et al. v. David R. Heilman, Trustee of the Ralph A. Siddell Living Trust, et al.
1. Whether the Michigan Courts committed
plain legal error construing and applying
§700.7604(l)(b) by declining to apply the
relevant statutory definitions of §700.7 103(n),
§700.1104(m), §700.1106(u), §700.1107(k),
§700.1107(n), and narrowly construing the
statute, to claim a trustee owes no duty to
include with the notice under §7604(l)(b), all
amendments to a trust that describe or affect
a beneficiary 's interest in the trust, in order to
trigger the six-months limitation period to bar
a beneficiary 's claims to contest the validity of
the trust.
2. Whether the Michigan Courts ' failure to
enforce a trustee 's affirmative duty to disclose
all material facts for the beneficiaries to
protect their interests under §700.7814(1) and
§700.7814(2)(a) to (c) violates a beneficiary 's
rights to equal protection of laws and due
process under the Fourteenth Amendment, §1
of the U.S. Constitution.
3. Whether the Michigan Courts committed
plain legal error by failing to enforce
§700.1205(3) that provides two year statutory
tolling after a party discovers fraud was
perpetrated in connection with a proceeding
or in a statement filed under EPIC, and to
avoid or circumvent the provisions or
purposes of EPIC, providing a person injured
by the fraud relief against the perpetrator of
the fraud or restitution from a person that
benefited from the fraud, whether innocent or
not.
4. Whether §700.7802(2) provides a qualified
trust beneficiary standing to contest the
validity of a trust, or redress a trustee 's fraud
and circumvention of duty, perjury in court
proceedings,
notwithstanding the type or amount of the
beneficiary 's interest under the trust.and embezzlement
Whether the Michigan Courts committed plain legal error construing and applying §700.7604(1)(b) by declining to apply the relevant statutory definitions to claim a trustee owes no duty to include with the notice under §7604(1)(b), all amendments to a trust that describe or affect a beneficiary's interest in the trust, in order to trigger the six-months limitation period to bar a beneficiary's claims to contest the validity of the trust