RUDOLPH STONISCH III V GLORIE M STONISCH LIVING TRUST

Court of Appeals, State of Michigan
ORDER
RUDOLPH STONISCH III V GLORIE M STONISCH LIVING
TRUST
Docket No. 377556
LC No. 2025-427150-TV
Matthew S. Ackerman
Presiding Judge
Brock A. Swartzle
Philip P. Mariani
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to
appeal, the Court REVERSES the September 12, 2025 order denying the motion to change venue and
REMANDS for entry of an order transferring the case to Grand Traverse County Probate Court. Petitioner
failed to carry his burden to establish Oakland County Probate Court as the proper venue. See Gross v
Gen Motors Corp, 448 Mich 147, 155; 528 NW2d 707 (1995). The trust was not registered when the
action was filed, meaning that venue is proper “in any place where the trust properly could be registered.”
MCL 700.7204(1)(b). Under MCL 700.7209(1), if, as in this case, the trust does not designate a place for
registration, the trust may be registered “at the principal place of administration.” Because this case
involves cotrustees, the location of the “principal place of administration” is governed by MCL
700.7209(2). Petitioner failed to address MCL 700.7209(2). Absent evidence that MCL 700.7209(2)(a)
or (b) apply, registration is proper either in “the usual place of business or residence of any of the
costrustees as agreed upon by them.” MCL 700.7209(2)(c). Petitioner offered no evidence to support
that either cotrustee has a usual place of business or a residence in Oakland County, and venue is thus
improper in Oakland County. Instead, venue is proper in Grand Traverse County, where one of the
cotrustees resides, and the trial court erred by denying the motion to change venue. See MCL 600.1651.
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr., Chief Clerk, on
Date
~,ii~- 9-.Chielerk
June 8, 2026

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