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MBPIA v. WARE

Docket Nos. 193707, 193712.

583 N.W.2d 240 (1998)

230 Mich. App. 44

MICHIGAN BASIC PROPERTY INSURANCE ASSOCIATION, Plaintiff-Appellant, v. Mildred E. WARE, Personal Representative of the Estate of James Ware, deceased, and Jerry E. Stehlik, Defendants-Appellees, and Harold Stehlik, Defendant. Willie DANIELS, Individually and as Next Friend of Terrance Daniels, Earl Daniels, and Ron Daniels, minors, Barbara Daniels, Theresa McKinney, Rena McKinney, Cora Leflore, Marilyn LeFlore, Alan Stone, Audrey Stone, Dorothy Zellner, Brenda Chavis, John Chavis, Lee B. Campbell, George Draughn, Martha Draughn, Individually and as Next Friend of Rickey Draughn and Tamika Draughn, minors, Dorothy Green, Tina Green, Theodore McDowell, Judith McDowell, Edward Mgee, Jane Mgee, Kevin Harris, Jackie Harris, Warren Zott, Mary Fisher, and First Baptist Church, Plaintiffs-Appellants, v. Mildred E. WARE, Personal Representative of the Estate of James Lee Ware, Jerry E. Stehlik, and Harold Stehlik, Defendants-Appellees.

Court of Appeals of Michigan.

Decided May 22, 1998, at 9:15 a.m.

Released for Publication September 10, 1998.

Attorney(s) appearing for the Case

Patrick, Johnson, King & Gilbert, P.C., by Paul H. Johnson, Jr., and David G. Stobb, Southfield, and Jon Shefferly & Associates, P.C. by Jon B. Shefferly and Todd E. Briggs, Detroit, for Michigan Basic Property Ins. Ass'n.

Leib, Leib, and Kramer, P.C. by Lawrence J. Leib, Southfield, for Willie Daniels, individually and as next friend of Terrance, Earl, and Ron Daniels, minors, Barbara Daniels, Theresa and Rena McKinney, Cora and Marilyn LeFlore, Alan and Audrey Stone, Dorothy Zillner, Brenda and John Chavis, Lee B. Campbell, George Draughn, Martha Draughn, individually and as next friend of Rickey and Tamika Draughn, minors, Earl, Dorothy, and Tina Green, Theodore and Judith McDowell, Edward and Jane Mgee, Kevin and Jackie Harris, Warren Zott, Mary Fisher, First Baptist Church.

Baggett-Hayes & Bates, P.C. by Earlene R. Baggett-Hayes, Pontiac, for Mildred E. Ware, Personal Representative of the estate of James Ware, deceased.

Before NEFF, P.J., and O'CONNELL and YOUNG, JJ.

O'CONNELL, Judge.

The sole issue in these interlocutory appeals is whether judgment creditors of a decedent's estate may collect from continuing installments of prize money issuing from the decedent's participation in the state lottery. The trial court ruled that the proceeds are to be paid directly to the decedent's surviving spouse and children and are not subject to process by the estate's creditors. We affirm.

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