Order Michigan Supreme Court
Lansing, Michigan
July 7, 2017 Stephen J. Markman,
Chief Justice
152655 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
In re MARDIGIAN Estate Justices
_________________________________________
MARK S. PAPAZIAN, Executor for the Estate of
ROBERT DOUGLAS MARDIGIAN,
Appellee,
v SC: 152655
COA: 319023
Charlevoix Probate Ct:
MELISSA GOLDBERG, SUSAN V. LUCKEN, 12-011738-DE
NANCY VARBEDIAN, EDWARD 12-011765-TV
MARDIGIAN, GRANT MARDIGIAN, and
MATTHEW MARDIGIAN,
Appellants,
and
JP MORGAN CHASE BANK, NA,
Appellee.
_________________________________________/
On January 10, 2017, the Court heard oral argument on the application for leave to
appeal the October 8, 2015 judgment of the Court of Appeals. On order of the Court, the
application is again considered, and it is GRANTED. The parties shall include among
the issues to be briefed: (1) whether the rebuttable presumption of undue influence set
forth in In re Powers Estate, 375 Mich 150 (1965), when used as a means to determine
the testator’s intent, is a workable rule that sufficiently protects the testator when the
testator’s lawyer violates MRPC 1.8(c); (2) whether this Court’s adoption of MRPC
1.8(c) warrants overruling In re Powers Estate; and (3) if In re Powers Estate is
overruled, whether a violation of MRPC 1.8(c) should bear on the validity of the gift
provided to the testator’s lawyer under the testamentary instrument; and if so, how?
The Attorney Grievance Commission, the Probate Section and the Elder Law and
Disability Rights Section of the State Bar of Michigan are invited to file briefs amicus
2
curiae. In addition, the State Bar of Michigan, or an appropriate committee of the State
Bar authorized in accordance with the State Bar’s bylaws, is invited to file a brief amicus
curiae. Other persons or groups interested in the determination of the issues presented in
this case may move the Court for permission to file briefs amicus curiae.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
July 7, 2017
t0705
Clerk