INDEPENDENT BANK V ALLISON STEIN IRREVOCABLE TRUST (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS INDEPENDENT BANK, UNPUBLISHED October 20, 2011 Plaintiff-Appellant, v ALLISON STEIN IRREVOCABLE TRUST and ALLISON STEIN, No. 299492 Oakland Circuit Court LC No. 2010-107922-CK Defendants-Appellees. Before: FORT HOOD, P.J., AND HOEKSTRA AND METER, JJ. HOEKSTRA, J. (CONCURRING). Because according to its own terms, the assets of the Allison Stein Irrevocable Trust were distributed and the trust terminated before the commencement of this action, I conclude that plaintiff s reliance on provisions of the Michigan Trust Code, MCL 700.7101 et. seq., to establish a basis for asserting jurisdiction over either of defendants in this case is unavailing. Consequently, I concur with the result of the majority that affirms the trial court s grant of summary disposition. /s/ Joel P. Hoekstra -1-

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