Barretta-Biondo V. Shellenberger.pdf

Plaintiffs, sisters Grace Barretta-Biondo and Maria Barretta-Amato, appeal a probate court order granting summary disposition in favor of their sister, defendant Margaret J. Shellenbarger, in an estate dispute.

The dispute arose from the estates of their deceased parents, Rosa and Giuseppe Barretta, who executed estate planning documents in 2002 disinheriting plaintiffs and leaving their entire estate to defendant.

The probate court admitted the wills to probate, finding no issue with the parents' testamentary capacity and no evidence of coercion or undue influence by defendant.

Plaintiffs then filed a civil action against defendant, alleging various claims, but the probate court granted defendant summary disposition, finding that plaintiffs lacked standing and were not real parties in interest.

The court also denied plaintiffs' motion to amend their complaint to include a claim of intentional interference with an expected inheritance, as this tort is not recognized in Michigan and amendment would be futile.

The Court of Appeals affirms, finding that the probate court did not err in granting defendant summary disposition or abuse its discretion by denying plaintiffs' motion to amend their complaint.