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., 301 Mich. App. 435

Summary

Decedent was survived by two children. In the decedent's last will, the daughter was nominated to act as sole personal representative of the decedent's estate. The decedent's will did not contain an in terrorem clause. In the trust instrument, the daughter was appointed to act as sole, successor trustee upon the decedent's death. The trust instrument contained a terrorem clause. In denying the daughter's petition, the probate court observed that, with respect to MCL 700.7113, the sister had not instituted a proceeding to contest or challenge any part of the decedent's trust. The sister had merely questioned her sister's appointment as sole personal representative, which she was legally entitled to do. The instant court found that the sister's objection to the daughter's appointment as sole personal representative did come within the express terms of the in terrorem clause. The in terrorem clause expressly forbade, among other things, an unsuccessful "challenge or contest to any ...