IN RE SYED MAZHAR JALIL DEC
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STATE OF MICHIGAN
COURT OF APPEALS
In re Estate of SYED MAZHAR JALIL, Deceased.
STEPHEN C. ALBERY, Personal Representative
of the ESTATE OF SYED MAZHAR JALIL,
Deceased, and JEHANA JALIL,
UNPUBLISHED
July 12, 2002
Petitioners-Appellees,
v
No. 230493
Oakland Probate Court
LC No. 95-243935-SE
PARVEEN KHAN,
Respondent-Appellant.
Before: Hood, P.J., and Saad and E. M. Thomas*, JJ.
MEMORANDUM.
Parveen Khan appeals as of right from the probate court’s order determining that life
insurance proceeds she received were assets of the estate of Syed Mazhar Jalil, her deceased exhusband. We affirm. This appeal is being decided without oral argument pursuant to MCR
7.214(E).
Appellant raises two arguments: (1) that appellees should be found equitably estopped
from asserting the estate’s claim to the insurance proceeds due to an initial misstatement of law
by Jehana Jalil’s counsel that the policy was not part of the estate; and (2) that the insurance
policy proceeds are “disclaimed assets” which pass directly to decedent’s descendants, who are
also Khan’s children, under the New Estates and Protected Individuals Code, MCL 700.1101 et
seq. We find no error.
Estoppel does not apply because there was no evidence that the estate, Jehana Jalil, or
their agents made a false representation of fact while knowing the actual facts. Cincinnati Ins Co
v Citizens Ins Co, 454 Mich 263; 562 NW2d 648 (1997).
Appellant Khan was disqualified from receiving the policy proceeds because of her
divorce. Her children were not qualified to receive the proceeds as contingent beneficiaries
because she was still alive at the time of decedent’s death. In re Seitz Estate, 426 Mich 630, 640;
* Circuit judge, sitting on the Court of Appeals by assignment.
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397 NW2d 162 (1986). The provisions of the new estates and protected individuals code do not
apply to the insurance policy in question because decedent died before the effective date of the
code. MCL 700.8101(2)(a).
Affirmed.
/s/ Harold Hood
/s/ Henry William Saad
/s/ Edward M. Thomas
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