IN RE PIERRE LAMARR BURNETT PROTECTED MINOR
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STATE OF MICHIGAN
COURT OF APPEALS
In re Pierre Lamarr Burnett, Protected Minor.
VANESSA BOONE and GEORGE BOONE, JR.,
UNPUBLISHED
October 26, 2004
Petitioners-Appellants,
v
No. 248472
Macomb County Probate Court
LC No. 02-174785-CY
ESTATE OF PIERRE LAMARR BURNETT,
Respondent-Appellee.
Before: Whitbeck, C.J., and Jansen and Bandstra, JJ.
MEMORANDUM.
Petitioners appeal as of right from the order denying their petition to relinquish a life
insurance fund. We affirm.
The probate court was asked to allow the estate to relinquish life insurance proceeds that
had been paid to the estate to benefit the minor child. Petitioners’ claim was based on a
beneficiary designation form that they found after the policy was disbursed. They conceded that
the form was not filed with the insurance company. The form stated, “I understand that this
beneficiary designation is not effective unless it is filed with ABN AMRO North America, Inc.,
prior to my death.”
Where an insurance policy designates the manner or method of making a change of
beneficiary, the steps must be at least substantially complied with where a beneficiary
designation can be made effective only by following the policy provisions. Dogariu v Dogariu,
306 Mich 392, 398; 11 NW2d 1 (1943). Decedent failed to follow the policy provisions when
she did not file the beneficiary designation with ABN AMRO prior to her death. There was no
basis for the probate court to order the return of the policy proceeds where the evidence showed
that the proceeds were properly distributed to the minor’s estate. Where the contract was
properly interpreted, there was no interference with the right to contract.
MCR 5.121(A) provides that the court may appoint a guardian ad litem, stating the
purpose for the appointment in the order. MCR 5.121(C) states that the guardian ad litem need
not appear personally at the hearing unless required by law or directed by the court. Any written
report must be filed with the court at least 24 hours before the hearing. MCR 5.121(C).
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Petitioners have cited no authority requiring a guardian ad litem to serve the parties with his
report at any specific time period prior to the hearing.
Affirmed.
/s/ William C. Whitbeck
/s/ Kathleen Jansen
/s/ Richard A. Bandstra
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