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CT gets favorable decision from Court of Appeals

By Doug Chalgian on October 13, 2017

On October 12, 2017, the Michigan Court of Appeals handed down a decision in the Matter of Ueal Patrick.  Click here to read the case. CT represented Ueal and his son Mark in litigation in Jackson County Probate Court, including in the proceeding to have Mark appointed conservator for Ueal, which proceeding was the subject of this appeal. There were at least three issues on appeal, for...

Ladybird Deeds Made Simple

By Susan Chalgian on September 29, 2017

The best way to understand a ladybird deed is to think of it as a beneficiary designation on real estate. That is, the property continues to be owned in all respects by the person creating the deed for so long as they are alive, but when they die, if they haven’t otherwise disposed of it, the property will go to the beneficiaries named in the deed. It was probably about 15 years ago that...

Why Joint Accounts Create so Many Problems

By Michelle Lane on September 29, 2017

Few things end up causing more litigation than accounts that are jointly owned. The problems arise when the person who created the account, and put the money into the account, dies. The issue is whether the remaining owner gets to keep the money – because they are the “surviving owner” - or whether the surviving co-owner was only placed on the account for “convenience,” in which case...

What is an Adult Guardianship?

By John Mabley on September 5, 2017

A guardian is a person appointed by the probate court to make decisions about the personal care of another person. In Michigan, there are three types of guardians: 1) Guardians over children (under 18). 2) Guardians over adults who have developmental disabilities. 3) Guardians over adults under the probate code. A person with a developmental disability is someone who has been unable to...

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. ...

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...