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BREAKEY v. DEPT. OF TREASURY

No. 339345.

922 N.W.2d 397 (2018)

324 Mich. App. 515

Ann BREAKEY, Petitioner-Appellant, v. DEPARTMENT OF TREASURY, Respondent-Appellee.

Court of Appeals of Michigan.

Decided June 7, 2018, 9:00 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Laura Moody , Chief Legal Counsel, and Michael R. Bell , Assistant Attorney General, for the Department of Treasury.

McClelland & Anderson, LLP (by Gail A. Anderson and Melissa A. Hagen ) for Ann Breakey.

Amicus Curiae: Foster, Swift, Collins & Smith, PC (by Douglas A. Mielock and Mark J. DeLuca ) for the Probate and Estate Planning Section of the State Bar of Michigan.

Before: Murray, C.J., and Servitto and Boonstra, JJ.

The question presented is whether petitioner, Ann Breakey, as a result of an irrevocable trust granting her the ability to remain in the marital home rent-free in order to maintain the standard of living she enjoyed prior to her husband's death, is an "owner" of the property for purposes of MCL 211.7dd(a), the personal residence exemption...

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