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IN RE MARDIGIAN ESTATE

Docket No. 152655 Calendar No. 1.

917 N.W.2d 325 (2018)

502 Mich. 154

IN RE MARDIGIAN ESTATE. Mark S. Papazian, Executor for the Estate of Robert Douglas Mardigian, Appellee, v. Melissa Goldberg, Susan V. Lucken, Nancy Varbedian, Edward Mardigian, Grant Mardigian, and Matthew Mardigian, Appellants, and JP Morgan Chase Bank, NA, Appellee.

Supreme Court of Michigan.

Decided June 21, 2018.

Attorney(s) appearing for the Case

Young & Associates, PC (by Rodger D. Young and J. David Garcia ) for Mark S. Papazian.

Miller, Canfield, Paddock and Stone, PLC (by Clifford W. Taylor , Gerald J. Gleeson, II , Paul D. Hudson , and Dawn M. Schluter ) for Edward Mardigian, Grant Mardigian, and Matthew Mardigian.

Ahern & Kill, PC (by Joseph A. Ahern and Amanda A. Kill ) for Melissa Goldberg.

Bendure & Thomas (by Marc E. Thomas ) for Nancy Varbedian and Susan V. Lucken.

Robert E. Edick for amici curiae, the Attorney Grievance Commission.

Barron, Rosenberg, Mayoras & Mayoras, PC (by Andrew W. Mayoras ) and the Law Office of Kurt A. Olson, PC (by Kurt A. Olson ) for amici curiae, the Probate and Estate Planning Section of the State Bar of Michigan.

BEFORE THE ENTIRE BENCH (except Wilder, J.)

OPINION

At issue is whether the rebuttable presumption of undue influence is applicable when the decedent's attorney breaches Michigan Rule of Professional Conduct (MRPC) 1.8(c), which generally prohibits an attorney from preparing an instrument giving the attorney or his or her close family a substantial...

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