Order Michigan Supreme Court
Lansing, Michigan
April 23, 2015 Robert P. Young, Jr.,
Chief Justice
149671 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
_________________________________________ David F. Viviano
Richard H. Bernstein,
In re FILIBECK Estate. Justices
_________________________________________
HEIDI J. FILIBECK, Personal Representative of
the ESTATE of STEPHEN J. FILIBECK,
Plaintiff-Appellee,
v SC: 149671
COA: 315107
Menominee PC: 2011-000065-CZ
LAURA J. BEAL,
Defendant-Appellant.
_________________________________________/
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
p0416
Clerk