In re Estate of Horton
Michigan Court of Appeals
925 N.W.2d 207 (2018)
- Written by Eric Miller, JD
Facts
Duane Francis Horton II committed suicide. Horton left a short handwritten note, which in turn referred to a final farewell typed on the Evernote app on his phone. In the Evernote document, Horton made various apologies to people in his life, expressed his thoughts on the afterlife, and made requests for funeral arrangements. Finally, in two paragraphs, Horton directed the disposition of his possessions to his uncle and his trust-fund money to his half-sister. Horton specifically disclaimed his mother, Lanora Jones, from inheritance. Guardianship and Alternatives, Inc. (GAI), Horton’s conservator, petitioned for probate. GAI submitted the electronic note as Horton’s will. The county probate court held that the GAI carried its burden of establishing by clear and convincing evidence that the electronic note was a valid will. Jones appealed to the Michigan Court of Appeals, challenging the validity of the note. Jones argued that Horton had died intestate, making her the sole heir.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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