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IN RE ESTATE OF LOBAINA

No. 260866.

705 N.W.2d 34 (2005)

267 Mich. App. 415

In re ESTATE OF William Robert LOBAINA, Deceased. Pamela S. Bolen, Guardian of Amanda Carmalina Lobaina, a minor, Plaintiff-Appellant, v. Karin A. Lobaina, Individually and as Personal Representative of the Estate of William Robert Lobaina, Deceased, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 19, 2005, at 9:05 a.m.

Released for Publication October 13, 2005.

Attorney(s) appearing for the Case

Bensinger, Cotant & Menkes, P.C. (by Daniel J. Bebble), Gaylord, for the plaintiff.

Brandt Fisher Alward & Roy, P.C. (by Joseph C. Fisher and James R. Modrall, III), Traverse City, for the defendant.

Before: MURPHY, P.J., and SAWYER and DONOFRIO, JJ.

SAWYER, J.

Pamela Bolen and William Lobaina were divorced in 1991. Lobaina, who thereafter remarried, died on April 6, 2003. At the time of his death, the youngest child of the marriage, Amanda, was still a minor. Bolen filed a claim against Lobaina's estate for $40,000, representing the amount of the proceeds of a life insurance policy provided by Lobaina's employer. The life insurance policy named Lobaina's second wife, defendant Karin Lobaina, as the beneficiary...

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