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IN RE HERTSBERG INTER VIVOS TRUST

Docket No. 106897, Calendar No. 6.

578 N.W.2d 289 (1998)

457 Mich. 430

In re Barbara HERTSBERG INTER VIVOS TRUST. Edie COLMAN, Trustee, Petitioner-Appellee, v. DEPARTMENT OF MENTAL HEALTH, Respondent-Appellant, and Sidney Colman and Macomb Oakland Guardianship, Respondents.

Supreme Court of Michigan.

Decided June 2, 1998.

Attorney(s) appearing for the Case

Beier, Howlett, P.C. by Mary T. Schmitt Smith, Bloomfield Hills, for petitioner-appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Alan F. Hoffman and Santiago Rios, Assistant Attorneys General, Lansing, for respondent-appellant.

OPINION

WEAVER, Justice.

The issue in this case is whether the Department of Mental Health may seek reimbursement for the cost of care it provided to Barbara Hertsberg from a trust established for her benefit. The determinative question is who should be considered the settlor of the trust—Barbara Hertsberg, or her mother, Edith Hertsberg, who funded the trust pursuant to a court order. The probate court

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