Waalkes v. Brennan (In re Edmund Talanda Tr.)

• Decision Date: 23 June 2022
• Docket Number: 358074
• Parties: In re EDMUND TALANDA TRUST. v. ANNETTE TALANDA BRENNAN, Appellant, TIMOTHY J. WAALKES, Trustee of the EDMUND TALANDA TRUST, CAMILLE FATH, and EDMUND MARK TALANDA, Appellees, and KATHLEEN TALANDA POTTS, SUSAN MINEHART, also known as SUSAN TALANDA, KALAMAZOO COUNTY, and JOHNSON FAMILY, Other Parties.
• Court: Court of Appeal of Michigan — District of US

In re EDMUND TALANDA TRUST.

TIMOTHY J. WAALKES, Trustee of the EDMUND TALANDA TRUST, CAMILLE FATH, and EDMUND MARK TALANDA, Appellees,
v.
ANNETTE TALANDA BRENNAN, Appellant,

and KATHLEEN TALANDA POTTS, SUSAN MINEHART, also known as SUSAN TALANDA, KALAMAZOO COUNTY, and JOHNSON FAMILY, Other Parties.

No. 358074

Court of Appeals of Michigan

June 23, 2022

UNPUBLISHED

Kent Probate Court LC No. 20-207552-TV

Before: Elizabeth L. Gleicher, Amy Ronayne Krause, Mark T. Boonstra, JJ.

Appellant, Annette Talanda Brennan, (Brennan) appeals the probate court's July 20, 2021 order transferring ownership of a lakefront cottage from the Edmund Talanda Trust (the trust) to appellees Camille Fath (Fath) and Edmund Mark Talanda (Edmund).^[1] Brennan also appeals the probate court's January 29, 2021 order granting summary disposition under MCR 2.116(C)(10) in

1

favor of Fath and Edmund with regard to the cottage. We dismiss this appeal for lack of jurisdiction.

I. PERTINENT FACTS AND PROCEDURAL HISTORY

During their lifetimes, Edmund and Dorothy Talanda both established revocable living trusts: the Edmund Talanda Trust and the Dorothy Marie Talanda Trust. Each served as the initial trustee of their respective trusts until their deaths. This appeal pertains to the Edmund Talanda Trust; specifically, the transfer of real property from the trust to Fath and Edmund.^[2] With the exception of appellee Timothy Waalkes (Waalkes) (the trustee), parties are siblings who are beneficiaries of their father's trust: Laraine Goetting (Goetting), Michele Kraft (Kraft), Fath, Edmund, Kathleen Potts (Potts), Susan Minehart (Minehart), and Brennan. Fath and Brennan acted as cotrustees of the trust after their father's death; however, disagreements with regard to the distribution of assets arose, making it impossible to finalize the administration of the trust. The dispute resulted in a rift among the siblings with Fath, Edmund, Potts, and Minehart on one side, and Brennan, Kraft, and Goetting on the other.

In an effort to resolve their differences, the parties participated in a mediation to determine the disposition of the trust's assets. After an extensive mediation, the mediator made a proposal for the resolution of the remaining issues. That proposal was adopted as a settlement agreement on October 29, 2019. As part of that agreement, Fath and Brennan agreed to resign as cotrustees, and Waalkes was appointed as the successor trustee in April 2020. Relevant to this appeal, the settlement agreement addressed the distribution of the lakefront cottage (the cottage) owned by the trust. The settlement agreement provided:

The interest of the Estates and Trusts in the Gourdneck Lake cottage property will be assigned to Ed Talanda, Camille Fath, Susan Talanda, and Kathleen Potts for the agreed upon price of $60,000. Ed Talanda, Camille Fath, Susan Talanda^[3], and Kathleen Potts will take immediate and exclusive possession and pay all costs, fees, etc. Ed Talanda, Camille Fath, Susan Talanda, and Kathleen Potts have until November 28, 2019 to notify the Trust whether they want to consummate the transaction. In the event they decline then the property will be immediately listed for sale on such terms as the Trustee of the Trust determines

The cottage is located on Gourdneck Lake in Vicksburg, Michigan, and is landlocked by Prairie View Park, which is owned and maintained by Kalamazoo County. The trust owned a one-half interest in the cottage, while another family (the Johnson family) owned the other one-half interest. The cottage has been the subject of extensive litigation. In 1962, Kalamazoo County filed a condemnation lawsuit against the owners of the cottage, seeking to obtain ownership by eminent domain. The condemnation suit resulted in a settlement agreement, which was executed

2

on January 28, 1963. The agreement...