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Laurie Schmitt Family Law

W. Michigan family law specializing in Collaborative Divorce

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616-608-4634

  • Home
  • About Laurie Schmitt
    • About Laurie Schmitt Attorney
    • Honors and Awards
  • Divorce
    • Separate Maintenance
    • Spousal Support and Modification
  • Family Law Services
    • Child Custody
    • Paternity
    • Change of Domicile
    • Child Support
    • Post-Judgement Modification
    • Enforcement of Court Orders
    • Limited Scope Services
    • Uncontested Divorces
  • Alternative Divorce Options
    • Mediation
    • Collaborative Divorce
    • Uncontested Divorce Process
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Contract to Make a Will

July 19, 2021 By Laurie Schmitt

Case Study regarding a plaintiff that was in a long-term relationship with Anthony Bzura (Tony) that lasted over 40 years, but the two never married.

339305 PELLIE MAE NORTON-CANTRELL V ANTHONY BZURA TRUST AGREEMENT
Panel: DBS DAS MFG 
Lower Court: WAYNE PROBATE COURT, No. 15-811336-CZ
Opinion – Per Curiam – Unpublished
20181023_C339305_39_339305.OPN.PDF

Plaintiff was in a long-term relationship with Anthony Bzura (Tony) that lasted over 40 years, but the two never married.  When Tony’s health began to deteriorate, plaintiff became his caretaker.  According to plaintiff, Tony always promised to “take care” of her, and indeed, plaintiff received assets from Tony totaling over $300,000 in the time leading up to and following his death in June 2015.  However, plaintiff believed that Tony’s promises involved a much greater sum, and in July 2015 she filed a claim against his trust for over $2,700,000. The trust disallowed the claim, and plaintiff brought suit in probate court seeking to recover against the trust under a variety of contract theories. 
 
The probate court determined that MCL 700.2514, which provides that a contract to make a will or devise must be in writing, barred plaintiff’s claims.  Accordingly, the probate court granted defendant summary disposition.

Filed Under: Other Family Law Issues

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Laurie K. Schmitt
Attorney, Mediator, and Collaborative Lawyer

401 Hall Street SW
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Grand Rapids, MI 49503

Phone: 616-608-4634

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Laurie Schmitt of Schmitt Law, PLLC is a West Michigan family law attorney specializing in collaborative divorce as well as separation, divorce, child custody and support, paternity, and other family law litigation. She is licensed by Michigan State Bar and the U.S. District Court for the Western District of Michigan, and has extensive advanced training in divorce mediation and collaborative divorce.

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