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Come to a C&T Special Needs Checkup!

By Christopher Smith on April 24, 2017

It’s that time of year again! Every year, the Chalgian & Tripp Special Needs Team goes around the state giving individuals, parents, families, friends, and other professionals a free update on what is going on in special needs planning. [caption id="attachment_5552" align="alignright" width="244"] Click on the brochure to view full size.[/caption] Don’t miss this year’s...

Peter’s Principles and Our Evolving Understanding of Exploitation

By Doug Chalgian on April 18, 2017

I heard Dr. Peter Lichtenberg speak the other day about his research on financial vulnerability in older adults, and more specifically, how and why he developed the Lichtenberg Financial Decision-Making Rating Scale. It’s probably the fourth time I’ve heard him talk about this research – and I think it’s finally starting to sink in. For...

Filing a Tax Return for a Special Needs Trust: What a Trustee Needs to Know at Tax Time

By Amy Tripp on April 6, 2017

I hope you find the following article from The Voice (the email newsletter of The Special Needs Alliance) helpful: This installment of the Voice was written by: Tara Pleat ——— The Voice is the e-mail newsletter of The Special Needs Alliance. This installment of The Voice was written by Special Needs Alliance member Tara Pleat. Tara is a founding partner of the law firm of Wilcenski...

Credit Union Joint Account Cases Messier Yet

By Doug Chalgian on March 25, 2017

In Podolak v Podolak (click on name to read case) two brothers fight over funds in a credit union account that was joint between Dad and just one of them when Dad died. After a lengthy recitation of facts, the Court gets to the legal analysis and the part of the case I want to talk...

The Problem with Mediators

By Doug Chalgian on March 17, 2017

Now onto facilitative mediation and my opinions and gripes about same. Sometimes I feel like I spend as much time in mediation as I do in court. Nearly all cases I am involved with go through the facilitative mediation process, and most of those settle through that process. So, it works, it’s great, etc.. And,...

I’m Your Lawyer – You Can Trust Me – Starting….. Now

By Doug Chalgian on

This morning I offer two posts, only tangentially related, in that they both deal with the broader topic of alternative dispute resolution. This first post relates to a new unpublished court of appeals opinion dealing with arbitration clauses in attorney fee agreements.  The second post is pure and unadulterated rantings about the facilitative mediation process,...

Uncapping Triggered by Date of Settlor’s Death

By Doug Chalgian on March 9, 2017

Cottage in Grand Traverse County is held in revocable trust. Settlor dies in August 2014.  Township uncaps property taxes for 2015 – which is the calendar year following the year in which ownership changed – so says Township assessor.  Trustee objects claiming uncapping should not have occurred in 2015, because: (1) claims period for creditors...

What Is A Medicaid Block Grant?

By Christopher Smith on March 6, 2017

Somewhere in the U.S. Capitol is a locked down health care bill that will likely be introduced by the House of Representatives this week. Early indications are that the draft bill contains a concept that will fundamentally change Medicaid – block grants. Currently, if someone is eligible for Medicaid (i.e., meets the financials and, if applicable, the medical requirements), then Medicaid...

Resisting the Bucket List Mirage (aka More Naps Would be Good )

By Doug Chalgian on March 5, 2017

I talk to a lot of my clients, as well as professional colleagues, who are roughly in my age range (58). While some of them know exactly when they plan to retire (if they haven’t already), and what they plan to do; many of them are like me – unsure about whether retirement is a...