Executive Order Eases Witnessing Rules

By Chalgian & Tripp on April 9, 2020

Governor Whitmer signed another executive order last night, this one aimed at helping estate planning attorneys and their clients. The Order modifies the rules that require...

What Parents Promise

By Chalgian & Tripp on July 8, 2019

Clients often tell us that their parents promised them that when they die, everything will be divided evenly among the children.  Then, when they die, they find out that there is...

How Did Dying Get So Complicated?

By Chalgian & Tripp on May 31, 2019

People like to blame lawyers for everything that’s wrong with society, and in this case, they might be right - sort of. When we get sick, we see doctors. Nobody actually pays...

State Supreme Court Decides Important Medicaid Case

By Chalgian & Tripp on May 10, 2019

On May 9, 2019, the Michigan Supreme Court released a long-awaited opinion regarding Medicaid planning. In Hegadorn v DHS, the Court held that assets placed in a so-called...

The Importance of Boilerplate

By Chalgian & Tripp on April 8, 2019

Boilerplate will
What clients really care about is that their estate planning documents say who will be in charge, and where their property goes when they die.  That part of their document might...

Sweating the Small Stuff

By Doug Chalgian on March 25, 2019

Clients sometimes get confused about the way lawyers use the word “property.”  In the legal community, the word “property” has a very broad meaning.  It means anything a person or entity could own.  Different types of property are then classified with different labels.  For example, the term “real property” is used to mean land and things affixed to the land.  “Intellectual property” refers to things like trademarks and patents.  Bank accounts and investments are referred to as “intangible personal property.”

Best Practices for Family Exploitation Cases

By Doug Chalgian on March 1, 2019

From the perspective of the child who moved to New Jersey 30 years ago, the sibling who moved back into the family home to live with (and be supported by) his aging mother is a ne’er-do-well scam artist who took advantage of and manipulated his mother as her health declined so that, in the end, her entire estate passed to him by one means or another. From the perspective of the son who lived with his mother during those final years of life, he sacrificed to allow his mother to enjoy her final years in a safe environment outside of assisted living, and she favored him out of appreciation for that sacrifice.

Keeping your Treasures from Becoming a Garage Sale Bargain

By Chalgian & Tripp on January 25, 2019

Man at flea market
Most of us get a kick out of those stories about a valuable piece of art or baseball card that ends up being purchased for almost nothing at the Goodwill store or at a garage...

The Downside of a Deed in the Drawer

By Chalgian & Tripp on January 3, 2019

Deed Discovered
Sometimes the old ways are best.  But sometimes the old ways were never really all that smart.  Signing deeds and not recording them until after death is an old school approach...

Old Estate Planning Ideas Give Way to New Technology

By Doug Chalgian on December 5, 2018

Old Estate Planning Ideas Give Way to New Technology

As Duane Horton contemplated his death, he decided to use on app on his smartphone to write a message that explained how he wanted his estate distributed when he was gone. Under Michigan law, that “document” was his will. So says the Michigan Court of Appeals in the recent case of In Re Estate of Duane Francis Horton, II.

Long Anticipated Changes for VA Rules Arrive

By Erin Majka on September 19, 2018

Erin Majka
Clients who have served in the military and face the prospect of needing long term care for themselves or their spouse, often have questions about benefits available through the...
An Attorney's Duty to Effectively Communicate With Clients Under the ADA

A client with hearing loss contacts your office wanting to draft an estate plan.  She relies on American Sign Language (ASL) for most of her communication.  You freeze, what do you need to have to do?  The answer is simple:  you need to provide her with the aids or services that are required for you and her to have a normal attorney-client relationship.  Under the Americans with Disabilities Act (“ADA”), that will likely include a qualified ASL interpreter at your expense.

Fancy Legal Language Creates Confusion

By Chrysa Milholland on October 24, 2017

The words lawyers use when drafting wills and trusts should be clear.  A recent Court of Appeals case shows the problems that arise when lawyers use flowery language. In the...

Estate Planning: For the Family Farm or Business

By Chalgian & Tripp on June 13, 2017

So-called “business succession planning” has always presented unique challenges to estate planners. And while there are certainly many challenges to successful business succession planning, due to the limited space available, this article will discuss only one aspect of business planning: The threshold issue of how to plan for a business to pass to the next generation when only some of the children are involved in the business operations.

Asset Protection Trusts – the New Game in Town

By Doug Chalgian on May 8, 2017

Asset Protection Trusts

With little fanfare, at the close of 2016, the Michigan Legislature passed (and Governor Snyder signed) legislation that created a new and dramatically different estate planning option for Michigan residents. These new laws allow for so-called domestic asset protection trusts (DAPT). Here’s what you need to know: