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# Chalgian & Tripp

Top Rated Michigan Estate Planning Attorneys

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## Posts

- [Blog](https://mielderlaw.com/blog/) - Join the Chalgian & Tripp Newsletter! Sign up to get the Chalgian & Tripp Newsletter mailed to your home or office. Join the Mailing List › Blog
- [Our ABLE Brochure](https://mielderlaw.com/blog/our-updated-able-brochure/) - Are you wondering if an ABLE Account is right for you or for a loved one? Our attorneys have spent countless hours studying the ABLE Act and looking at ABLE programs across the country in order to advise our clients. For you, we have tried our best to compact our knowledge in our recently updated
- [The One Year Rule](https://mielderlaw.com/blog/the-one-year-rule/) - The “one year rule” is something I developed counseling clients about adult guardianships, and specifically, when, and if, to file. It comes up in the following situations: Client is an adult child of a demented parent. Parent is in situation that causes child to be concerned about their safety. Things like: they are hoarding and
- [Aging in Michigan - May 2023](https://mielderlaw.com/blog/aging-in-michigan-may-2023/) - #You might want to see this as a story about Ken Tapp. After all, Ken is the one who suffered and died. But I’m thinking it’s really more about Peggy - the extraordinary strength she mustered under difficult conditions, and how she protected Ken’s choices so that they had happiness together in his final days. Although their journey together started decades ago in South Lyon, this part of their story begins much more recently at a hospital in Ann Arbor. Ken had been admitted, and not for the first time. He was battling a variety of medical conditions. It was clear to all (including Peggy) that Ken was in the process of dying. But important decisions still had to be made. Decisions like: Would Ken stay in the hospital or go home? What efforts would be made to prolong the dying process? And: Who would decide when those efforts would end?
- [DIY DEEDS (DONE DIRT CHEAP)](https://mielderlaw.com/blog/diy-deeds-done-dirt-cheap/) - Back in the day, when I started practicing law, clients would often come in with the notion that they needed a “quitclaim” deed (or “quick claim” deed as some would call it). I never understood why that term seemed so magical to people, but it did. And so, I would spend time in client meetings
- [When Older Adults Make Bad Decisions](https://mielderlaw.com/blog/when-older-adults-make-bad-decisions/) - When new clients come in and tell me that an older adult in their family is allowing a ne’er-do-well family member to live with them and that the ne’er-do-well is financially exploiting the elder, we have “the talk”. The goal of “the talk” is to help this anxious client distinguish between the types of decisions older people make, and which ones a lawyer can do something about. We start with the proposition that older people want to exercise autonomy in their choices like they always have. And to the extent they can still understand the consequences of their decisions, they are entitled to do so. As I often tell clients struggling with concerns about older loved ones: Just because someone is old doesn’t mean they can’t make bad decisions. We all do that. As a lawyer, all I can do is advise a client as to the circumstances that have to exist in order for a court to intervene and protect the older adult, and then, if those circumstances exist, represent the client in those proceedings. But a court will only get involved to protect people from their own decisions if it can be shown that because of some problem with the way their brain works, they no longer have the wherewithal to make rational decisions. That’s why courts often require medical evidence, such as a diagnosis of Alzheimer’s disease or proof of some other form of age related cognitive impairment, before allowing a case to be filed.
- [An Attorney's Duty to Effectively Communicate With Clients Under the ADA](https://mielderlaw.com/blog/an-attorneys-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
- [SECURE 2.0: Michigan Advocacy Helps Pass The Special Needs Trust Improvement Act](https://mielderlaw.com/blog/secure-2-0-michigan-advocacy-helps-pass-the-special-needs-trust-improvement-act/) - Special needs planners regularly encounter families who have accumulated large retirement accounts. While the initial SECURE Act forced most beneficiaries of an inherited retirement account to take distributions out in 10 years (or fewer), beneficiaries with disabilities (referred to as “eligible designated beneficiaries” in SECURE) remain eligible to take minimum distributions over their entire life expectancies. While planners used to try to keep retirement assets from hitting special needs trusts, many are starting to flip their thinking and leave more retirement assets to special needs trusts to take advantage of this life expectancy payout.
- [Independent Living Facilities Have a Duty to Consider Risks to Older Adults](https://mielderlaw.com/blog/independent-living-facilities-have-a-duty-to-consider-risks-to-older-adults/) - A recent order from the Michigan Supreme Court carries significant implications to those operating residential facilities that cater to senior citizens. The family of an elderly resident of the Independence Village of Oxford sued the facility after the resident walked outside and froze to death. The family alleged that her death was due to the
- [Finding the Law on Fiduciary Duties](https://mielderlaw.com/blog/finding-the-law-on-fiduciary-duties/) - Clients are commonly confused about various fiduciary roles and their duties. The job of helping them understated these roles and the obligations that with them is typically that of the elder and probate law attorney. But lawyers, especially those who have not practiced long in the probate and elder law arena, may find explaining the
- [Celebrating 20 Years of High Standards in Legal Competence and Ethics](https://mielderlaw.com/blog/celebrating-20-years-of-high-standards-in-legal-competence-and-ethics/) - Often when clients meet with lawyers, it can be a stressful, uneasy time of crisis. For Doug Chalgian and Amy Tripp of Chalgian & Tripp Law Offices, creating an approachable, empathetic practice is a the root of their business mission. Chalgian and Tripp Law offices began in July 2002 and is preparing to celebrate its
- [Staying at Home as You Age](https://mielderlaw.com/blog/staying-at-home-as-you-age/) - Most everyone who thinks about it thinks that when they get old that they will stay in their home and not go into institutional care setting. And while positive thinking might have some value, getting old is not something any of us can afford to be "Pollyannaish" about. In the real world, many people who
- [Death Tax Talk Puts Planners on Edge](https://mielderlaw.com/blog/death-tax-talk-puts-planners-on-edge/) - With a new administration in Washington, come increased attention to our tax laws, including laws that tax assets when people die. For estate planning attorneys, this increased interest bring with it the possibility that changes may come which will impact their clients., and which may change the way they should be planning for clients in
- [Understanding Adult Guardianships](https://mielderlaw.com/blog/understanding-adult-guardianships/) - In everyday conversation, the word "guardian" could have many meanings. But in elder law, and in probate court, the term is used more precisely. It means someone who is appointed by the court to make decisions about the care needs of someone who is unable to make decisions for themselves.
- [Probate Basics for the Intellectually Curious](https://mielderlaw.com/blog/probate-basics-for-the-intellectually-curious/) - Clichés about “avoiding probate” and “protecting your assets” are recited ad nauseum at the so-called “educational seminars” (aka sales presentations) put on nightly by lawyers and financial planners in eateries across Michigan. It isn’t surprising that people show up to these presentations. Probate law is complicated, and people understandably want to feel informed before they
- [Amy Tripp – Bringing Dignity to Practice of Elder and Special Needs Law](https://mielderlaw.com/blog/amy-tripp-bringing-dignity-to-practice-of-elder-and-special-needs-law-2/) - Amy Rombyer Tripp keeps client files filled with details few lawyers would ever think to ask: favorite food, laundry detergent, brand of shampoo. Not every file inside Chalgian & Tripp Law Offices PLLC includes such personal data. But for clients without a living family — widows, orphaned, never-married — she wants to know the best
- [A Matter of Trust](https://mielderlaw.com/blog/a-matter-of-trust-2/) - For many people, the process of estate planning begins with the question: “Do I need a Trust?” In the remainder of this article, a question and answer approach will be used to help the reader understand what a “Trust” is, and what considerations go into deciding whether having a Trust would be beneficial in their
- [Getting Old is Not for Sissies](https://mielderlaw.com/blog/getting-old-is-not-for-sissies/) - Recently, a colleague told me about an experience she had with her father and father-in-law. Both were widowed. Both were of an advanced age. Both were beginning to experience trouble getting around. When presented with the proposition that they could benefit from using a wheelchair at times, one was all for it, the other was
- [Old Estate Planning Ideas Give Way to New Technology](https://mielderlaw.com/blog/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
- [Sweating the Small Stuff](https://mielderlaw.com/blog/sweating-the-small-stuff/) - 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
- [In Sickness and In Health](https://mielderlaw.com/blog/in-sickness-and-in-health/) - If you drove by the Medilodge Nursing Home in Brighton recently, you may have noticed an odd tentlike structure sticking out of the side of the building. Don’t be alarmed. It’s just Eugene loving Anchanette. You see, this past August, at age 48, Anchanette suffered a massive heart attack, causing her to be placed on
- [Medicaid Hunts Household Items](https://mielderlaw.com/blog/medicaid-hunts-household-items/) - A new policy from the Michigan Department of Health and Human Services will make it harder for people seeking assistance with nursing home costs to “spend down” on household items in order to become eligible for Medicaid assistance. Traditionally, the value of the things people own that would typically be found in a home, has
- [UM Gets Squirrely with Prof’s Millions](https://mielderlaw.com/blog/um-gets-squirrely-with-profs-millions/) - The case of Bellamy Trust v University of Michigan tells the story of one university professor, and how his vision about the legacy he was creating at the University of Michigan ran into the chainsaw of reality shortly after his death. Dr. Bellamy was an expert in classical Arabic literature, and dedicated his life to
- [The Toughest Decision](https://mielderlaw.com/blog/the-toughest-decision/) - A friend or family member has been declining. An event occurs. They go into the hospital. And suddenly they’re facing the choice of whether they can return home or whether they need to be placed in an institutional setting. This is not a question of “for the time being.” This is about the rest of
- [The Cautionary Tale and Tragic Death of Virginia Kermath](https://mielderlaw.com/blog/the-cautionary-tale-and-tragic-death-of-virginia-kermath/) - Everything I know about Virginia Kermath came from reading a Michigan Court of Appeals opinion. In that opinion, I learned that Virginia was a demented 89-year-old who, on a particularly cold Michigan night, wandered outdoors and became locked out of the building where she lived, experienced hypothermia and frostbite, conditions which led to her death.
- [The Top 10 Ways to Incite Anarchy When You Die](https://mielderlaw.com/blog/the-top-10-ways-to-incite-anarchy-when-you-die/) - When I talk to clients about their estate planning objectives, and make suggestions as to how things might go smoother, one reaction I sometimes get is: “I don’t really care that much. After all, I’ll be dead.” While I only hear that from a minority of clients, it never fails to make me smile. There’s something so practical about it. Read
- [Protecting Your Inheritance](https://mielderlaw.com/blog/protecting-your-inheritance/) - The focus of estate planning and elder law is typically on preparing documents and taking other steps to implement the wishes of the person establishing the plan and leaving the estate. But what about the people who look forward to their inheritance?
- [Guilty Thoughts at the Funeral Home](https://mielderlaw.com/blog/guilty-thoughts-at-the-funeral-home/) - someone close to you died. You’re nicely dressed and at the funeral home. All the talk is about condolences, sympathy and shared memories.
- [Funerals and Family Fights](https://mielderlaw.com/blog/funeral-and-family-fights/) - It’s a cliché among estate attorneys: the biggest legal battles often begin with disputes about the smallest items: “who gets the mantle clock?” … for example...
- [Elder Law Litigation and the Lessons I've Learned](https://mielderlaw.com/blog/elder-law-litigation-and-the-lessons-ive-learned/) - Elder law litigation is on the rise. But little has been written about it, and from what I see in probate courts around the state, little is understood...
- [Elder Law Lessons From William Shakespeare](https://mielderlaw.com/blog/elder-law-lessons-from-william-shakespeare/) - Attorney Chalgian elaborates on estate planning and elder law lessons you might take from four Shakespeare plays along with an attempt by at some humor.
- [Adult Guardianship: The New Divorce](https://mielderlaw.com/blog/adult-guardianship-the-new-divorce/) - Family conflicts have historically been the province of family law or divorce court. Now those same issues have become the meat and potatoes of the elder law practitioner and are being played out in probate courts.
- [Be a Hero to Your Clients: Seven Simple Questions about VA Aid and Attendance Pensions](https://mielderlaw.com/blog/be-a-hero-to-your-clients-seven-simple-questions-about-va-aid-and-attendance-pensions/) - Planning for clients who need long term care is not always about Medicaid. Many clients may be eligible for other benefits, most notably the “Aid and Attendance” Pension (A&A) which is available to many veterans and their surviving spouses through the United States Department of Veterans Affairs (VA)...
- [C & T Celebrates Women and the Law](https://mielderlaw.com/blog/c-t-celebrates-women-and-the-law/) - by Amy Rombyer Tripp The passing of Justice Ruth Bader Ginsburg followed by the nomination of Judge Amy Coney Barrett as her replacement on the USSC demonstrates the importance Americans now place on including women in leadership roles in society, and especially in our legal system. Of course, it hasn’t always been that way.
- [Per Stirpes and Right to Representation](https://mielderlaw.com/blog/per-stirpes-and-right-to-representation/) - Yes –“Stirpes”is a Word In estate planning, lawyers sometimes use archaic legal terms. At times, these legal words are unnecessary and can create confusion. At other times, they are the best way of clearly expressing the client’s objectives. One of the phrases that often makes clients feel disconnected from the estate planning process is the
- [MDHHS Gets Busy](https://mielderlaw.com/blog/mdhhs-get-busy-panic-to-follow/) - Michigan Department of Health and Human Services releases new policy regarding COVID residents in long term care.
- [Keeping Connected to Our Elders during the Coronavirus Crisis](https://mielderlaw.com/blog/lost-in-the-shuffle-keeping-connected-to-our-elders-during-the-coronavirus-crisis/) - Restrictions placed on nursing homes and other care facilities as a result of the Coronavirus is having a harmful impact on the older adults who live there.
- [Nursing Homes Authorized to Segregate COVID-19 Population and More](https://mielderlaw.com/blog/segregating-covid-19/) - State and Federal Agencies take steps to address COVID population in long term care settings
- [Sisters of Mercy](https://mielderlaw.com/blog/sisters-of-mercy/) - I’m old enough to remember when nursing homes and hospitals were named after saints and religious orders. Back then, caring for the sick and dying was not so much a business as it was a calling. Sure, people today talk about finding their “passion,” and like to say they are willing to “do their part”
- [COVID Changes Retirement Plan Options for 2020](https://mielderlaw.com/blog/covid-changes-retirement-plan-options-for-2020/) - CARES Act creates options for 2020 retirement accounts
- [Cutting Care for Special Needs Kids Won’t Fly](https://mielderlaw.com/blog/suspending-services-for-special-needs-kids-wont-fly/) - Chalgian and Tripp Lawyer forces State to back off CMH Services cut for families with special needs children.
- [Executive Order Eases Witnessing Rules](https://mielderlaw.com/blog/executive-order-eases-witnessing-rules/) - In response to the COVID-19 crisis, remote witnessing is allowed by executive order.
- [The Cat & Mouse of Exploitation Litigation](https://mielderlaw.com/blog/the-cat-mouse-of-exploitation-litigation/) - In litigation involving the financial exploitation of a vulnerable adult, timing is often everything. Let's say, for instance, that Dad really likes his new caregiver. So much that his is "helping her out" financially. You smell trouble, and you're probably right. The question is what to do, and more to the point: when to do
- [House Sale by Ignorant Agent Not Fraud](https://mielderlaw.com/blog/house-sale-by-ignorant-agent-not-fraud/) - Parents are demented and residing in an assisted living. POA child arranges to sell their house. Buyers find rodents and other allegedly undisclosed defects and sue for damages. Trial Court dismisses the case on summary disposition and, in an unpublished opinion, Court of Appeals affirms. The COA says that because agent/child did not know about
- [The Top 10 Ways to Incite Anarchy When You Die](https://mielderlaw.com/blog/the-top-10-ways-to-incite-anarchy-when-you-die-2/) - When I talk to clients about their estate planning objectives, and make suggestions as to how things might go smoother, one reaction I sometimes get is: “I don’t really care that much. After all, I’ll be dead.” While I only hear that from a minority of clients, it never fails to make me smile. There’s
- [Stretch IRAs Out with SECURE Act](https://mielderlaw.com/blog/stretch-iras-out-with-secure-act/) - The so-called “SECURE Act” recently passed by Congress and signed by the President makes several changes to the laws which direct the way retirement plans operate. For estate planners, the big change is the elimination of “stretch” rules for most IRA beneficiaries. Under the prior law, people who were named beneficiaries of an IRA that
- [CT Wins Big for Client on Appeal](https://mielderlaw.com/blog/ct-wins-big-for-client-on-appeal/) - The Court of Appeals just handed down an opinion in the Matter of Robert Lewis. The facts of this case are that Robert had a long relationship with Carol, although they never married. Robert made Carol a joint owner on several bank accounts, which they both used for mutual living expenses, but only Robert deposited
- [What Parents Promise](https://mielderlaw.com/blog/what-parents-promise/) - 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 an asset, a bank account or piece of real estate, that goes to one of the children, individually. In the recent Michigan Court of
- [How Did Dying Get So Complicated?](https://mielderlaw.com/blog/how-did-dying-get-so-complicated/) - 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 their doctor for care anymore. If you have private insurance, your insurance company determines what type of care you will get. If you
- [COA Gives Special Needs Community Big Win in Placement Case](https://mielderlaw.com/blog/coa-gives-special-needs-community-big-win-in-placement-case/) - This is a published decision about the guardianship over a person with a developmental disability (a “DD guardian”), and more specifically, the powers of a DD guardian versus Community Mental Health (“CMH”) with respect to the transfer of the protected person from one CMH facility to another. As probate lawyers understand, DD guardianships are not
- [State Supreme Court Decides Important Medicaid Case](https://mielderlaw.com/blog/state-supreme-court-decides-important-medicaid-case/) - 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 “Solely for the Benefit” trust are not automatically considered resources in the Medicaid application process. “Solely for the Benefit” or “SBO” Trusts were successfully used in Medicaid
- [The Always Interesting Holographic Will | What is a Holographic Will?](https://mielderlaw.com/blog/blogwills-and-trusts-administration/) - A holographic will is a will that a person writes out in their own hand – and signs and dates. If this is done, the usual requirements that the will be witnessed do not apply. People like to talk about these cases because they tend to come up in unusual matters. In reality they are
- [The Importance of Boilerplate](https://mielderlaw.com/blog/boilerplate/) - 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 take up only a page or two. Then they go a lawyer and end up with a massive pile of lengthy documents to sign,
- [Best Practices for Family Exploitation Cases](https://mielderlaw.com/blog/best-practices-for-family-exploitation-cases/) - 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,
- [CT Adds Housing and Resource Advocate](https://mielderlaw.com/blog/ct-adds-housing-and-resource-advocate/) - Chalgian and Tripp is proud to announce the addition of Carrie Alexander as our Housing and Resource Advocate. This is a new position at CT created for Ms. Alexander, who comes to us with a wealth of experience in helping families find quality housing for persons with disabilities. Prior to joining CT, Ms. Alexander spent
- [Keeping your Treasures from Becoming a Garage Sale Bargain](https://mielderlaw.com/blog/keeping-your-treasures-from-becoming-a-garage-sale-bargain/) - 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 sale. But presumably, the people who don’t think these stories are delightful are the family members who donated the items
- [The Downside of a Deed in the Drawer](https://mielderlaw.com/blog/the-downside-of-a-deed-in-the-drawer/) - 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 to estate planning that was probably never a good idea, and an idea that has only become worse with time. There are at least
- [Attorney Chris Smith elected to the Special Needs Alliance Board of Directors](https://mielderlaw.com/blog/attorney-chris-smith-elected-to-the-special-needs-alliance-board-of-directors/) - Chalgian and Tripp is pleased to announce that Attorney Chris Smith has been elected to the Board of Directors of the Special Needs Alliance. The SNA is a national organization of lawyers committed to helping individuals with special needs and their families. Attorney Smith has a personal passion for special needs planning and focuses his
- [Long Anticipated Changes for VA Rules Arrive](https://mielderlaw.com/blog/long-anticipated-changes-for-va-rules-arrive/) - 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 Veterans Administration (“VA”). Often these discussions center around what are commonly referred to as the VA Pension Aid & Attendance (“PAA”) benefits. For certain veterans, and
- [Aging in Michigan - September 2018](https://mielderlaw.com/blog/aging-in-michigan-september-2018/) - As Duane Horton contemplated his death, he decided to use an 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 case of In Re Estate of Duane
- [Their Greatest Gift](https://mielderlaw.com/blog/their-greatest-gift/) - I knew early in law school that I wanted to do something with people with disabilities, including issues of aging in vulnerable adults. When I was in high school, I had the opportunity to do some volunteer work at a couple of our local nursing homes, and that was always intriguing. After law school, the
- [What is an Adult Guardianship?](https://mielderlaw.com/blog/what-is-an-adult-guardianship/) - A guardian is a person appointed by the probate court to make decisions about the personal care of another person.
- [Why Joint Accounts Create so Many Problems](https://mielderlaw.com/blog/why-joint-accounts-create-so-many-problems/) - Few things end up causing more litigation than accounts that are jointly owned.
- [Ladybird Deeds Made Simple](https://mielderlaw.com/blog/ladybird-deeds-made-simple/) - The best way to understand a ladybird deed is to think of it as a beneficiary designation on real estate.
- [Fancy Legal Language Creates Confusion](https://mielderlaw.com/blog/fancy-legal-language-creates-confusion/) - The words lawyers use when drafting wills and trusts should be clear.
- [CT gets favorable decision from Court of Appeals](https://mielderlaw.com/blog/ct-gets-favorable-decision-from-court-of-appeals/) - CT gets favorable decision from Court of Appeals On October 12, 2017, the Michigan Court of Appeals handed down a decision in the Matter of Ueal Patrick. 
- [Setting Up A GoFundMe Campaign While Preserving Benefits](https://mielderlaw.com/blog/setting-up-a-gofundme-campaign-while-preserving-benefits/) - The Detroit News and other news organizations are reporting a tragic story about a woman who was sexually assaulted and had a child. Friends and family started a GoFundMe campaign to support her and her child and raised over $100,000. Unfortunately, because of the GoFundMe campaign, she and her child lost health insurance and other financial assistance.
- [The Fall of the High Achiever](https://mielderlaw.com/blog/the-fall-of-the-high-achiever/) - I litigate cases involving exploitation of older adults. Early in my career, I was in court on a particularly difficult case. A highly respected scholar, professor, author and researcher had dementia. He was old and he was angry, battling everyone and everything that was being done to protect him, although he very much needed protection.
- [Rosa Parks' Coat Triggers 12 Year Court Battle](https://mielderlaw.com/blog/rosa-parks-coat-triggers-12-year-court-battle/) - Earlier this week, the Michigan Court of Appeals handed down a decision, presumably bringing an end to litigation that has been ongoing since Rosa Parks died. She died October 24, 2005, in Detroit. In the end, the parties were fighting about her coat. To be fair, not just any coat, but the coat she was
- [Aging in Michigan – November 2017](https://mielderlaw.com/blog/november-2017-newsletter/) - It’s a myth that everyone who lives a long life becomes cognitively or physically impaired. Ed Rockwell is living proof. Ed turned 100 on November 19, 2017. If you met Ed, you would guess he isn’t a day over 80. Mind sharp, body strong. It’s all good. So what’s his story? Download the PDF
- [Storm Clouds in Elder Law Land](https://mielderlaw.com/blog/storm-clouds-in-elder-law-land/) - It seems to me that we are living through what could be a case study on the way the law evolves to address a rapidly changing social environment. More people are living longer. More people are experiencing age-related cognitive impairments. At the same time family dysfunction seems to be the rule, not the exception.
- [Elder Bankruptcy](https://mielderlaw.com/blog/elder-bankruptcy/) - Fixed incomes and fixed assets make older adults particularly vulnerable to financial fluctuations. A bad investment, an unexpected medical crisis, a financial predator or an unwise financial decision resulting from cognitive decline can quickly turn an older adult's financial world upside down.
- [OMG They're Thinking About Getting Married!!](https://mielderlaw.com/blog/omg-theyre-thinking-about-getting-married/) - Few things can shake up adult children more than a parent thinking about getting remarried late in life. It comes up in two contexts – one much more difficult to deal with then the other: First, there are simply competent older people who enjoy companionship and who have found someone that they click with. Being
- [The Threat of a Lawyer](https://mielderlaw.com/blog/the-threat-of-a-lawyer/) - So your parent died and one of your siblings is the executor of the estate, or trustee of the trust – and nothing is happening. Gentle prodding hasn’t worked. Months, even years have gone by – and you’re starting to wonder: What do I have to do to get this over with?
- [Proposed Changes to Public Benefits Create Confusion](https://mielderlaw.com/blog/proposed-changes-to-public-benefits-create-confusion/) - Since the new year many clients have had questions about how the new administration in Washington might impact the future of public benefits and special needs services. While we are actively monitoring discussions about what might be coming, at this stage it is almost impossible to offer much more than speculation. Both Christopher Smith and
- [What Is A Medicaid Block Grant?](https://mielderlaw.com/blog/snpresswhat-is-a-medicaid-block-grant/) - 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
- [I’m Your Lawyer – You Can Trust Me – Starting….. Now](https://mielderlaw.com/blog/im-your-lawyer-you-can-trust-me-starting-now/) - 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](https://mielderlaw.com/blog/uncapping-triggered-by-date-of-settlors-death/) - 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
- [Resisting the Bucket List Mirage (aka More Naps Would be Good  )](https://mielderlaw.com/blog/resisting-the-bucket-list-mirage-aka-more-naps-would-be-good/) - 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
- [Playing the Sanctions Game in Probate Court](https://mielderlaw.com/blog/playing-the-sanctions-game-in-probate-court/) - The Court of Appeals recently issued an unpublished opinion in three combined appeals all relating to the Estate of Robert Winfield Cederquist (click here to read the opinion). The case provides a good launching spot from which to review the rules related to sanctions for frivolous pleadings and wasteful litigation in the course of probate
- [Decanting Made Easy](https://mielderlaw.com/blog/decanting-made-easy/) - It’s been four years since Michigan’s decanting laws took effect. Those of us at CT have found ourselves decanting more and more lately. It has provided magnificent results in several cases. I think the reason it took us so long to get on the bandwagon is that the whole concept seemed complicated and intimidating. But
- [Pins and Pictures](https://mielderlaw.com/blog/pins-and-pictures/) - I struck up a conversation with a woman sitting next to me on a bench in a courtroom in Mio Michigan this week. I asked her if she had any photographs of the stories she was telling me. “Yes” she said “in my mind.” Ah. The best kind. From 1940 – 1954 her father was
- [Attorney-Fiduciary Relationships](https://mielderlaw.com/blog/attorney-fiduciary-relationships/) - A new published circuit court case addresses the often confused issue of who an attorney hired by a fiduciary represents and is accountable to. This is technical stuff, so if you’re not in the mood or you don’t do this type or work, spare yourself and read no further. In Estate of Tyler Jacob Maki
- [Medicaid Block Grants – What If?](https://mielderlaw.com/blog/medicaid-block-grants-what-if/) - The news over the weekend is hardly new at all. President Trump’s plan for fixing Medicaid is to send a set amount of money to each state and let them figure out how to run their own Medicaid programs. It’s called “block grants” and the idea has been tossed around for years. Click here for
- [Estate Recovery – Last Gasp or Second Wind](https://mielderlaw.com/blog/estate-recovery-last-gasp-or-second-wind/) - Thursday, January 12, the Michigan Supreme Court is scheduled to hear oral arguments in several combined matters all relating to the issue of Medicaid estate recovery. The main issue in these cases is whether the manner in which the State implemented the estate recovery program gave those Medicaid beneficiaries who were subject to recovery sufficient
- [Filing a Tax Return for a Special Needs Trust: What a Trustee Needs to Know at Tax Time](https://mielderlaw.com/blog/filing-a-tax-return-for-a-special-needs-trust-what-a-trustee-needs-to-know-at-tax-time/) - 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.
- [Come to a C&T Special Needs Checkup!](https://mielderlaw.com/blog/come-to-a-ct-special-needs-checkup/) - 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. Don’t miss this year’s presentation as it has been nearly an unprecedented time of opportunity and uncertainty in special
- [Estate Planning: For the Family Farm or Business](https://mielderlaw.com/blog/estate-planning-for-the-family-farm-or-business/) - 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
- [Asset Protection Trusts - the New Game in Town](https://mielderlaw.com/blog/asset-protection-trusts-the-new-game-in-town/) - 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: Read the full article ›
- [Aging in Michigan - May 2017](https://mielderlaw.com/blog/aging-in-michigan-may-2017/) - Learn about the new estate planning option for Michiganders: the self-settled asset protection trust. Chalgian & Tripp is also growing, opening one new office in Ann Arbor and accepting two new attorneys to our family. You will also learn about the case of the unsigned will, and times/dates for the Special Needs Checkup.
- [Peter’s Principles and Our Evolving Understanding of Exploitation](https://mielderlaw.com/blog/peters-principles-and-our-evolving-understanding-of-exploitation/) - 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
- [Credit Union Joint Account Cases Messier Yet](https://mielderlaw.com/blog/credit-union-joint-account-cases-messier-yet/) - 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](https://mielderlaw.com/blog/the-problem-with-mediators/) - 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,
- [Four New Things](https://mielderlaw.com/blog/four-new-things/) - Michigan Launches ABLE Accounts Michigan will unveil details about it’s ABLE program November 1. ABLE is the Achieving Better Life Experience ACT that each State can implement, and that allows for tax-free savings accounts to be established for persons with disabilities. Click here for an update on the Michigan account, written by our own Chris
- [A Bridge Too Far](https://mielderlaw.com/blog/a-bridge-too-far/) - When clients come in with really difficult problems, we all try to come up with creative solutions to get them out of the jam. But there is a line where “creative solutions” ends and “WTF give it a try, there’s nothing to lose” begins. File this unreported COA case in that second bin. Lyle was
- [Who Gets the Grow Lamps?](https://mielderlaw.com/blog/who-gets-the-grow-lamps/) - Thoughts on Plain English and Terms of Art In recent years, lawyers – or at least legal academics – have pushed the concept that lawyers need to write using “plain English.” The movement is presumably designed to make the legal world more accessible to laypersons. Like many concepts that seem admirable on their face, I
- [Estate Recovery Percolates in COA](https://mielderlaw.com/blog/estate-recovery-percolates-in-coa/) - In yet another unpublished Court of Appeals decision on the topic of estate recovery, the COA upholds a result previously announced in the Keyes case (discussed in prior posts). This case is one in a string of cases dealing with the timing that a Medicaid beneficiary received notice of the State’s estate recovery program, and
- [Show Me the Money](https://mielderlaw.com/blog/show-me-the-money/) - There’s a new published probate court case arising out of two matters in Jackson County. The case holds that if you don’t have any money, and even if you are on public benefits, you still have to pay an inventory fee so long as the estate has resources – but maybe not the filing fee.
- [Meaty Morris Matter Unfortunately Unpublished](https://mielderlaw.com/blog/meaty-morris-matter-unfortunately-unpublished/) - The Court of Appeals recently released its opinion in the Estate of Stanley Morris. Click on the name to read the case. There’s a lot here, and a lot of what, in my opinion, is new law or at least clarifications. Someone put some time into researching and writing this opinion, and I will try
- [New Policy undermines LTC Partnership Insurance Benefits](https://mielderlaw.com/blog/new-policy-undermines-ltc-partnership-insurance-benefits/) - Foolish me. I got excited about the implementation of a long term care insurance partnership program in Michigan, and have written about it here several times. As previously discussed, the law, which was finally implemented just this spring, provided two benefits to those who purchased and used a LTC partnership policy: (1) an increased asset
- [Nothing New:  DCH Wins Again](https://mielderlaw.com/blog/nothing-new-dch-wins-again/) - The Court of Appeals has issued yet another published opinion re Michigan’s Medicaid Estate Recovery Program. Click here to read In Re Estate of Catherine Klein. The case repeats the factual circumstances of prior estate recovery cases – and the result, not surprisingly, is the same. Hard to understand why this opinion is published –
- [What I’ve Learned from Susie – So Far](https://mielderlaw.com/blog/what-ive-learned-from-susie-so-far/) - This client was only in her mid-sixties. Her husband had advanced early-onset dementia. She was burned out but unwilling to acknowledge it. A friend had dragged her to the office to get advice about long term care. I looked at her questionnaire. No problem here getting qualified for Medicaid benefits. The issue was whether she
- [Ombudsman Finds New Home](https://mielderlaw.com/blog/ombudsman-finds-new-home/) - As of October 1, 2016, the State Long Term Care Ombudsman office will move from being within State government to a nonprofit wholly outside State government. That’s a good thing, and a long time coming. The Michigan Long Term Care Ombudsman Program has been housed within the Aging and Adult Services Department of the Michigan
- [Two Quickies](https://mielderlaw.com/blog/two-quickies/) - The End of MCR 5.801(B) The worst Court Rule ever, which requires some probate matters to be appealed to Circuit Court and some to the Court of Appeals, is about to be fixed. The Michigan House and Senate have passed legislation which would send all final orders of the probate court to the Court of
- [10 Costly Special Needs Planning Mistakes](https://mielderlaw.com/blog/10-costly-special-needs-planning-mistakes/) - In this free download, 10 Special Needs Planning Mistakes to Avoid, you will find the key costly mistakes you can make when planning for a loved one with special needs and how to stay ahead of the curve.
- [Top Post Countdown for 2016](https://mielderlaw.com/blog/top-post-countdown-for-2016/) - Because I knew you were curious, following are the plantobe100 posts that got the most views in 2016. To re-read these posts, just click on the name. Honorable mention (sixth place) goes to the only touchy feely post to break the top ten. We Do Grow Young Again Fifth Place was about the Court of
- [Two Happy Notes](https://mielderlaw.com/blog/two-happy-notes/) - On the topic of self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), the “Special Needs Trust Fairness Act” has passed both houses of Congress and is headed to the desk of President Obama for his signature. These trusts have long been used to protect the assets of persons who are disabled and
- [Lame Duck Legislature Lays Golden Egg – BIG TIME](https://mielderlaw.com/blog/lame-duck-legislature-lays-golden-egg-big-time/) - DAPT – learn it and love it. Soon it will be all the talk. Domestic asset protection trusts. The news is that the Michigan legislature has approved a pair of bills that would make Michigan one of fifteen states with such laws, and of those states, one of the most attractive for persons seeking this
- [Medical Experts Carry Conservatorship Case](https://mielderlaw.com/blog/medical-experts-carry-conservatorship-case/) - Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak. Congrats to my colleague Valerie Kutz-Otway for her successful advocacy on behalf of her client, Mr. Michalak. The case suggests an issue that I think we all struggle with at times, the extent to which the determination
- [Section 2503 Grows Up](https://mielderlaw.com/blog/section-2503-grows-up/) - This just in – pretty big news – and pretty interesting – the Michigan Court of Appeals holds, in a published opinion, that a draft of a will, prepared by a lawyer, but never signed by her client, could be a valid will. Click on the name to read In re Estate of Attia. EPIC
- [Sunday Morning Story:  The Office in Abilene](https://mielderlaw.com/blog/sunday-morning-story-the-office-in-abilene/) - Last week we had an open house for our Southfield Office. Please stop by sometime. We’re at 26211 Central Park Blvd., Suite 200. And while you’re there, you might notice that Amy Tripp’s office has some unusual decorations, including the cowhide chairs pictured above, as well as a poster of the John Wayne movie Red
- [A Hospice Philosopher](https://mielderlaw.com/blog/a-hospice-philosopher/) - I attended a memorial service this week. There was a lunch, and for part of the time I sat with a woman I had never met. She was a friend of my aunt (the mother of my recently deceased cousin). She told me that she was a hospice nurse. She said she had been a
- [Litigation Strategies Part V:  Kissing Frogs](https://mielderlaw.com/blog/litigation-strategies-part-v-kissing-frogs/) - The topic of this post is: How to gather information at an initial meeting with clients seeking representation in an undue influence case, from a lawyer’s perspective. Start with the proposition that nearly all will and trust contests, and many financial exploitation cases, are, at their core, undue influence cases. Lack of capacity is commonly
- [And So It Ends – Perhaps](https://mielderlaw.com/blog/and-so-it-ends-perhaps/) - The Ketchum case discussed in more detail in a prior post was just released. It is a published Court of Appeals opinion. Click here to read the case. This case arises in the context of a series of cases that have been decided by the COA since Michigan first adopted an “estate recovery” law in
- [A Little More Than Kin (another Sunday morning detour)](https://mielderlaw.com/blog/a-little-more-than-kin-another-sunday-morning-detour/) - Hamlet said of his uncle who murdered his father and married his mother, that he is “a little more than kin, and less than kind.” In typical Shakespearian creativity, he captures the sense of something that is in between two things. So it is today with pets. They are, in many cases, a little more
- [Roush II: The Plot Thickens](https://mielderlaw.com/blog/roush-ii-the-plot-thickens/) - A little drama is stewing in the elder law world. I wrote about the Roush case when it came out. Click here to read that post appropriately titled “This Could Get Interesting.” Since then, the matter has been taken up by the Michigan Supreme Court. And the MSC requested that the Elder Law Section of
- [Estate Recovery Timing Rule Clarified](https://mielderlaw.com/blog/estate-recovery-timing-rule-clarified/) - The Court of Appeals issued a published opinion in four estate recovery cases that were combined for the purpose of this opinion. Click here to read the opinion. In each case the following facts were in play: Someone began receiving long term care Medicaid benefits before the State of Michigan started putting language in the
- [Ketching Up on Estate Recovery](https://mielderlaw.com/blog/ketching-up-on-estate-recovery/) - Tomorrow, Tuesday, is a red letter day in the elder law world. The Court of Appeals will hear oral arguments in the matter of In Re Estate of Ketchum. Ketchum is the fist case that has gone up to the COA to address that portion of Michigan’s estate recovery law which excludes an amount equal
- [Roush III: Missed Opportunity and Unintended Consequences](https://mielderlaw.com/blog/roush-iii-missed-opportunity-and-unintended-consequences/) - I posted twice before on the Roush case. Click here and here for the background. In short, the issue in this case is: When a person who has previously created a patient advocate designation is deemed unable to make their own medical decisions by two doctors, then revokes that patient advocate designation, are that person’s
- [Gilligan’s Island Meets Elder Law](https://mielderlaw.com/blog/gilligans-island-meets-elder-law/) - So what happened after the rescue? These are my thoughts (just for laughs): Gilligan A simple well-meaning man, after his rescue, his celebrity status generated a substantial income. But his generosity to friends and good causes left him without sufficient resources to provide for adequate care options as he aged. He died ignobly at age
- [Four Companies Approved to Sell LTCI Partnership Policies](https://mielderlaw.com/blog/four-companies-approved-to-sell-ltci-partnership-policies/) - Topic: The Long Term Care Insurance Partnership Program. Background: This topic was previously addressed in these posts: LTC Insurance Partnership Shows Signs of Life (posted March 29, 2015); and LTCI Partnership Update (posted August 19, 2015). What’s New? Public Act 198 of 2015 which implemented the Long Term Care Insurance Partnership Program in Michigan took
- [New Medicaid Policy on VA Income](https://mielderlaw.com/blog/new-medicaid-policy-on-va-income/) - Understanding the way Medicaid programs treat income-like benefits paid by the Veterans Administration have always been confusing (at least to me). Until now, Medicaid policy on the subject was sparse. Good news, as of April 1, we have a lot more detail. Bad news, I still don’t understand. It’s important because people who can combine
- [Like Batman v Superman – only darker: The Coming Generational Battle](https://mielderlaw.com/blog/like-batman-v-superman-only-darker-the-coming-generational-battle/) - People sometimes ask me how our firm is being impacted by the aging of Baby Boomers. I try to avoid the topic, because once I get started I hear myself becoming dark and foreboding – not a role I like to play. So if you prefer uplifting topics with your coffee or tea – read
- [Messy Inheritance Case Makes Fun Reading – but leaves only questions](https://mielderlaw.com/blog/messy-inheritance-case-makes-fun-reading-but-leaves-only-questions/) - It’s 1931 and Tough Guy (“TG”) impregnates Mom then dies shortly thereafter in a street fight over Mom’s affections. TG dies before his baby is born. TG’s baby grows up and has one child. That child (TG’s grandchild) dies many years later, leaving no will and no issue, no surviving parents or grandparents, but an
- [MFDA Chimes in on Funeral Rep Law](https://mielderlaw.com/blog/mfda-chimes-in-on-funeral-rep-law/) - The Michigan Funeral Directors Association contacted the author of this blogsite and offered a different perspective with respect to, in fact, takes exception to, the conclusions offered in my prior post regarding the anticipated funeral representative law, and specifically with the proposition that the funeral representative will have a legal obligation to follow the known
- [Long Sought Funeral Fix Awaits Signing](https://mielderlaw.com/blog/long-sought-funeral-fix-awaits-signing/) - It appears that the people of Michigan will soon be able to appoint a “funeral representative.” A funeral representative is a person who is authorized to make funeral and other arrangements regarding the disposition of the remains of the appointing person after that appointing person is dead. The appointment can be made in a will,
- [Litigation Strategies(ramblings) Part VIII: Squatting In the Bush](https://mielderlaw.com/blog/litigation-strategiesramblings-part-viii-squatting-in-the-bush/) - When I was here, I wanted to be there; when I was there, all I could think of was getting back into the jungle. I’m here a week now… waiting for a mission… getting softer. Every minute I stay in this room, I get weaker, and every minute Charlie squats in the bush, he gets
- [Litigation Strategies Part VII:  The Hands that Rock the Cradle](https://mielderlaw.com/blog/litigation-strategies-part-vii-the-hands-that-rock-the-cradle/) - Petitions, motions, discovery. It all matters. But when it comes to winning the guardianship/conservatorship case, there is an additional element – managing the court-appointed players. Specifically, the guardian ad litem (“GAL”) and doctor (usually a psychologist but sometimes psychiatrist) who conducts the independent medical evaluation. The GAL While all judges are different, most judges give
- [Litigation Strategies Part VI: When in Doubt Depose](https://mielderlaw.com/blog/litigation-strategies-part-vi-when-in-doubt-depose/) - Most people can’t just look at other people’s emails, tax returns or bank accounts. They can’t ask them questions about their intentions, their prior statements or their relationships with other people, and require them to answer truthfully and completely. But lawyer’s can – if there is a case pending, and if it is “relevant” to
- [The Love Dance of Arbutus and Lyle](https://mielderlaw.com/blog/the-love-dance-of-arbutus-and-lyle/) - In the woods of Keewenaw County, Lyle married Arbutus and they operated a little shop together. Lyle took a job with the park service which took him away from home for periods. In time, Lyle began having an affair with Susan. Lyle and Susan carried on for years while Arbutus and Lyle were still married.
- [This is My Rock](https://mielderlaw.com/blog/this-is-my-rock/) - Thoughts About Social Justice and Estate Planning Close your eyes and imagine somewhere, sometime a long time ago – someone stood up and said “this is my rock.” I’m guessing that the reaction of those around him/her was: “WTF is this person talking about?” Little did they know what was coming. Now many thousands of
- [Ding Dong (My Take on the Future of the Legal Profession)](https://mielderlaw.com/blog/ding-dong-my-take-on-the-future-of-the-legal-profession/) - I don’t share the gloomy predictions of many of my colleagues about the future of our profession. The internet in general, and Legal Zoom type products in particular, don’t worry me. While I agree that change is at hand, I don’t perceive that things will be worse when the sun come up again – certainly
- [The (Dysfunctional) Family Prayer](https://mielderlaw.com/blog/the-dysfunctional-family-prayer/) - With the holiday season coming – and thinking about my elder law practice and clients – I came up with this idea. Please don’t take offense – it is meant to be a joke – more or less. Dear ______ As we gather together during this holiday season we recognize and acknowledge that all families
- [This Could Get Interesting](https://mielderlaw.com/blog/this-could-get-interesting/) - The Michigan Supreme Court is considering a case involving the issue of a medical provider and Michigan law regarding surrogate decision-making. Specifically, Margaret Roush was a resident of the Laurel’s of Carson City, a skilled nursing facility. Click here for Court of Appeals decision. Ms. Roush had nominated a patient advocate. On October 24, 2012,
- [Important October BEM Changes](https://mielderlaw.com/blog/important-october-bem-changes/) - DHHS released new BEM language to take effect October 1, 2015. Click here to read them. Of particular note are the new provisions for long term care partnership insurance payments and care contracts. As to the long term care insurance partnership, this concept has been addressed in prior blogs. What we learn from the new
- [Bittner’s Bite](https://mielderlaw.com/blog/bittners-bite/) - So we have a new published opinion on a probate court case – something unusual these days. In Re Conservatorship of Shirley Bittner was published September 8, 2015. Click here to read the case. In Bittner, the probate court imposed a conservatorship over the vulnerable adult, and did so over what the Court of Appeals
- [VA and LTC Planning](https://mielderlaw.com/blog/va-and-ltc-planning/) - I recently responded to a post on a listserv in which the issue of using irrevocable trusts to “protect assets” in order to obtain VA Aid and Attendance pension income was the topic. It caused me to organize my thoughts on this important issue, which are expressed below. Background: The Veterans Administration has a program
- [The Present, Past and Future of Elder Law](https://mielderlaw.com/blog/the-present-past-and-future-of-elder-law/) - For obvious reasons, I interact with a lot of people who are looking for an “elder law” attorney. The label seems to have caught on. So I will take this opportunity to explain what I understand “elder law” to be, look back at where it came from, and look ahead to where it may be
- [The Self-Inflicted Drafting Defect that Keeps on Giving](https://mielderlaw.com/blog/the-self-inflicted-drafting-defect-that-keeps-on-giving/) - Discretionary trusts are important for all sorts of reasons. Essentially, the law holds that when a beneficiary’s interest in a trust is subject to the pure and unfettered discretion of a trustee, because that beneficiary has no ability to control what, if anything, comes out of the trust for their benefit, creditors have nothing to
- [Fiduciary Relationship and Undue Influence](https://mielderlaw.com/blog/fiduciary-relationship-and-undue-influence/) - In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth. (Click on the case name to read the case.) The opinion offers an extensive discussion of a key issue in will and trust litigation, specifically the nature of the relationship that must
- [Playing with Knives](https://mielderlaw.com/blog/playing-with-knives/) - There’s a saying among litigators. It goes like this: Lawyers play with knives but never get cut. The idea (or image) is two lawyers facing each other holding knives, with their clients in between. When the case is over, the clients are bloodied but the lawyers remain unscathed. It’s a coarse image – but there
- [Additional Thoughts on Healthcare Costs](https://mielderlaw.com/blog/additional-thoughts-on-healthcare-costs/) - In my last post I suggested there are things to think about – things that will need to be resolved through a political process that seems to have little stomach for “cutting benefits to retirees” – specifically, deciding how to pay for care for an aging population, while at the same time healthcare costs are
- [The Medicaid Planning Question](https://mielderlaw.com/blog/the-medicaid-planning-question/) - I get invited to present to a lot of groups about various topics – one of the most popular topics being planning for long term care. It is an important topic because there is so much misinformation and so many misconceptions about it. As a result, giving people a neutral non-sales oriented place to get
- [The Veteran (with love to Our Veterans on this Veterans Day)](https://mielderlaw.com/blog/the-veteran-with-love-to-our-veterans-on-this-veterans-day/) - He came in using a walker – clearly shaking, very unsteady – with extensive bruises on both arms. When I saw on the questionnaire that he was 71 years-old, I was surprised. I would have guessed he was older. He was accompanied by a friend/caregiver. As the meeting progressed I came to understand that another
- [Capacity to Gender Identify](https://mielderlaw.com/blog/capacity-to-gender-identify/) - Talk about cutting edge cases… How about this one out of Jackson County: 60 year-old biological male with history of developmental disabilities and psychiatric events, decides he wants to become a woman. Family recognizes he has a history of gender confusion but believes that this recent push is the function of his trying to impress
- [The Romance of the Law](https://mielderlaw.com/blog/the-romance-of-the-law/) - Friday I attended the swearing in of my daughter – that is, she is now a lawyer – like me. The ceremony is full of high-minded thoughts, an oath that includes archaic phrases, and lots of hugs and smiles. In the daily practice of law it’s easy to get caught up in the complexities of
- [This Is Awkward](https://mielderlaw.com/blog/this-is-awkward/) - New published Court of Appeals opinion. Click here to read it. Lawyer prepares an estate plan for client (and purported friend). The estate plan leaves most of the multi-million dollar estate to himself (the lawyer) and the lawyer’s son. This is against the Michigan Rules of Professional Conduct for lawyers, which rules prohibit lawyers from
- [We Do Grow Young Again](https://mielderlaw.com/blog/we-do-grow-young-again/) - In the house of the old couple that passed, the furniture was outdated, the carpeting worn, the window dressings shabby. I have been in houses like this many times before. A house trapped in a time period long past. It was typical. The family commented – apologetically: “they had the money” and “we never could
- [A Gold Digger Epidemic: Statistically Speaking](https://mielderlaw.com/blog/a-gold-digger-epidemic-statistically-speaking/) - Statistics can be fun. One of the big statistics driving the aging industry is the reality that people are living longer than ever. Get beneath the impressive growth of the aging population, get into some of the nuances, and see why certain issues seem to come up so frequently. One of those is what might
- [Curious Concept from a Midwest Neighbor](https://mielderlaw.com/blog/curious-concept-from-a-midwest-neighbor/) - Joe is taking care of his Mom, Dolly. Joshua, Joe’s brother and Dolly’s other son, isn’t helping out. So Joe sues Joshua for help with Dolly’s care costs – and wins. Now Joshua has to pay $400 per month toward Dolly’s care costs. So says a recent decision of the Superior Court of Pennsylvania. Click
- [Oh, By The Way](https://mielderlaw.com/blog/oh-by-the-way/) - So five sisters, four surviving. Dad dies, and one daughter, Sandy, announces to her sisters: “and by the way Dad owed me $1.5 million dollars for taking care of him all these years.” Nice. The case is called In Re Schwein Estate. Click on the name to read it. Short story: Sandy also happened to
- [Tangled Webs](https://mielderlaw.com/blog/tangled-webs/) - If someone wanted to capture the essence of elder law litigation in a nutshell, they might be inclined to echo the words of the poet: “Oh what tangled webs we weave, when first we practice to deceive.” While the cases that come into our office are varied in many respects, they almost all share in the
- [Bay County judge awards $1.5M for trust conversion](https://mielderlaw.com/blog/bay-county-judge-awards-1-5m-for-trust-conversion/) - By Douglas Levy Douglas G. Chalgian said that in his nearly two decades of practicing probate litigation and elder law, he had never encountered an instance in which a trustee asserted his Fifth Amendment rights during a misappropriation lawsuit. That all changed last year. Within a six-month period, trustees in two cases Chalgian was handling
- [Court of Appeals Upends Medicaid Caregiver Policy](https://mielderlaw.com/blog/court-of-appeals-upends-medicaid-caregiver-policy/) - I started out calling this post, “Court of Appeals Confuses Medicaid Caregiver Policy” – but having reread the case, “Upends” seems to be a more accurate description. The case is Jensen v Department of Human Services. Click here to read the opinion. The only good thing about the case is that it is unpublished (not
- [What we learned about hogs and pigs from the SBO experience](https://mielderlaw.com/blog/what-we-learned-about-hogs-and-pigs-from-the-sbo-experience/) - On the topic of Medicaid planning, John Bos used to famously comment at ICLE programs that “pigs get fat and hogs get slaughtered.” The idea was that in engaging Medicaid planning strategies, those who pushed the envelope too far, were going to get hammered. The Department, in those yesteryears, the phrase implied, would only be
- [Atul Gawande and Estate Planning](https://mielderlaw.com/blog/atul-gawande-and-estate-planning/) - My friend and colleague, Fred Rolf, recently sent several of the lawyers in our firm a copy of Atul Gawande’s book: Being Mortal. Although Dr. Gawande writes about the medical community, the book was stunningly relevant to me as an estate planning attorney. If you work in the aging industry and you haven’t read the
- [Good Guys Win Financial Exploitation Case](https://mielderlaw.com/blog/good-guys-win-financial-exploitation-case-2/) - Frances and Elizabeth Stafford were sisters in the Bay City area. When Elizabeth died, her trust continued for the benefit of Frances. Frances was a vulnerable adult, physically and cognitively impaired. Her trusted financial advisor of many years was Trustee over Elizabeth’s Trust. We were hired by the beneficiaries when, after Frances died, evidence of
- [VA Changes Looming](https://mielderlaw.com/blog/va-changes-looming-2/) - The Veterans Administration recently announced proposed changes to policy with respect to the increasingly popular Aid and Attendance enhanced pension program. This program allows Veterans who served during periods of conflict, and their spouses, to access additional income if they have significant health care costs. This commonly arises in situations where an elderly Vet is
- [Tell It To Me Slowly](https://mielderlaw.com/blog/tell-it-to-me-slowly/) - Humming in my head the other day was an old song – What’s your name? Who’s your daddy? Is he rich like me? Has he taken any time to show you what you need to live? Tell it to me slowly. Tell me what I really want to know. It’s the time of the season
- [Does Obergefell Spell the End of Dower?](https://mielderlaw.com/blog/does-obergefell-spell-the-end-of-dower/) - I saw this article from mlive, noting that there are 132 Michigan laws that reference the word “wife,” 149 sections that use the word “husband.” And that doesn’t even include the terms “widow” and “widower.” Plus what about the written policies of the various state agencies? Won’t it be interesting to see how all this
- [The Good and Ugly](https://mielderlaw.com/blog/the-good-and-ugly/) - Two new unpublished COA opinions worth note. Let’s start with the ugly. In Perry v Cotton, June 16, 2015, the COA repeatedly states that the attorney for the Personal Representative represents the “estate.” Although the opinion fails to clearly state the facts of the case, it appears that the P.R. claimed proceeds to a life
- [Gender Identity and Estate Planning](https://mielderlaw.com/blog/gender-identity-and-estate-planning/) - Those of you as old as I am have lived through one revolution: the communications revolution. We went from wall phones to smart phones in a generation. From no computers to computers everywhere and in everything we use. We can all recognize the incredible implications of this event. Now we are in the midst of
- [The Second Love of Her Life:  A Sunday Morning Story](https://mielderlaw.com/blog/the-second-love-of-her-life-a-sunday-morning-story/) - Yesterday I met with a family regarding a new matter. These days I try to avoid Saturday appointments – but I was told these clients “really needed” to get in. I’m not sure the case warranted emergency status, but I’m glad they got in. The story I heard touched me. It was a sad story.
- [COA Decides Estate Recovery Notice Case](https://mielderlaw.com/blog/coa-decides-estate-recovery-notice-case/) - The Michigan Court of Appeals released a published opinion in an estate recovery notice case. click here. The COA rejected the so-called “notice defenses” that have been the basis for most (perhaps all) successful litigation regarding estate recovery matters in lower courts. This decision certainly changes the playing field in these matters. Share on Facebook Share
- [LTC Insurance Partnership Shows Signs of Life](https://mielderlaw.com/blog/ltc-insurance-partnership-shows-signs-of-life/) - This week, seemingly out of nowhere, the long awaited first blip of life for the long term care insurance public-private partnership appeared in the attached DHS memo. Click here. The memo seems to say that soon we will have a LTC insurance partnership program up and running in Michigan. The history is that several years
- [Vulnerable Adults](https://mielderlaw.com/blog/vulnerable-adults/) - I had an article published in the state bar journal this month about financial exploitation of vulnerable adults. For those interested in reading it, click here. Share on Facebook Share on Twitter Share on Google+ Share on LinkedIn
- [Department Promises Change on Spousal Annuity Beneficiary Issue](https://mielderlaw.com/blog/department-promises-change-on-spousal-annuity-beneficiary-issue/) - Thanks to the excellent advocacy of Amy Tripp and David Shaltz, it appears we may be getting close to resolving one of the difficult issues related to using annuities in Medicaid planning in cases involving married couples. The issue relates to the State of Michigan’s interest in annuities purchased by a community spouse. In the
- [COA Geek Alert: Unpublished Opinions](https://mielderlaw.com/blog/coa-geek-alert-unpublished-opinions/) - For those who don’t do appellate work, you may not want to spend your time reading this. For this who do …. The Michigan Supreme Court has published proposed changes to the Court Rules relating to unpublished opinions. Click here to read the proposed rules. The purpose of the proposal seems to be to further
- [8th Circuit Decision Stuns SNT World](https://mielderlaw.com/blog/8th-circuit-decision-stuns-snt-world-2/) - Topic: Self Settled Special Needs Trusts, aka Medicaid Payback Trusts, aka d(4)(A) Trusts. Legal Background: When a person under 65 meets the requirements of being disabled for the purposes of qualifying for needs-based government benefits (most notably Medicaid and Supplemental Security Income), they have the ability to meet the financial eligibility requirements of those programs
- [Important Ruling on Homecare Wages](https://mielderlaw.com/blog/important-ruling-on-homecare-wages/) - Last week a Federal Appellate Court issued a decision that would guarantee minimum wage and overtime protections to home health care workers. So far the decision has received little attention, but if it stands, it is hard to imagine a decision that would have more dramatic impact on the care being provided to frail older
- [Only in Ann Arbor?](https://mielderlaw.com/blog/only-in-ann-arbor/) - The first time I met my client was early one morning at the Starbucks on Main St. in Ann Arbor. He had flown in the night before, and I had driven down that morning from East Lansing. The Starbucks is a couple blocks from the Courthouse where we had a hearing about his mother, who
- [LTCI Partnership Update](https://mielderlaw.com/blog/ltci-partnership-update/) - With respect to the status of the long term care insurance partnership program, which has been the subject of at least one prior post (see below); in a conversation with those working on this issue in state government, I was able to glean the following information: • This is a priority of the Speaker of the
- [More Terror Clause Trouble](https://mielderlaw.com/blog/more-terror-clause-trouble/) - The Court of Appeals has published another case on terror clauses. Estate of Eugene Stan. The facts are that A filed for formal admission of a Will which included A’s appointment as Personal Representative (PR), pursuant to the nomination in the Will. B opposed the appointment of A, citing bad acts of A in handling
- [Local Courts Hold Ground in Medicaid Cases](https://mielderlaw.com/blog/local-courts-hold-ground-in-medicaid-cases-2/) - The bad news is that the Attorney General is actively shopping around for Medicaid cases to attack. The good news is that local probate judges are – so far – holding the line. Over the past few months, at least two cases have been decided in probate courts that involve Medicaid long term care issues.
- [Why the “Lucid Moment” Needs to End](https://mielderlaw.com/blog/why-the-lucid-moment-needs-to-end-2/) - There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since. It is an unpublished decision in which the trial court held that a trust amendment was invalid due to lack of capacity and undue influence. The Court of Appeals reversed the trial court.
- [Estate Recovery Change](https://mielderlaw.com/blog/estate-recovery-change-2/) - The State of Michigan recently terminated the contract for Health Management Services (“HMS”). HMS was the Texas company that was hired by the State to manage their estate recovery program. The contract with HMS provided that they were paid on a contingency basis. With that relationship ended, the estate recovery program will now be managed
- [Everything I Know About Estate Planning I Learned from Shakespeare](https://mielderlaw.com/blog/everything-i-know-about-estate-planning-i-learned-from-shakespeare-2/) - You’ve got to love William Shakespeare, the ultimate Renaissance man offered insight into pretty much every aspect of the human condition. Estate Planning is no different. Following are summaries of four Shakespeare plays and lessons you might take from them about estate planning: Hamlet Father dies, mom remarries dead husband’s brother. Accordingly, in this case,
- [Family Dysfunction Part V: The Wake of the High Achiever](https://mielderlaw.com/blog/family-dysfunction-part-v-the-wake-of-the-high-achiever-2/) - It is a curious reality of probate litigation that the qualities common to people who create wealth are also qualities of people who create family dysfunction. What I see is that high achievers (whether they be business people, cutting edge doctors, successful lawyers, or esteemed college professors) tend to be driven people, people who put
- [Estate Plans for When Your Kids Won't Do As Well As You](https://mielderlaw.com/blog/estate-plans-for-when-your-kids-wont-do-as-well-as-you/) - By the time I meet with clients (usually in their 50s or 60s, if not older), they have a pretty good idea of how their children will make out: whether their marriages will be successful, whether they will have children, and what their prospects are for a sound financial future. All this is good to
- [PACE and Divestment](https://mielderlaw.com/blog/pace-and-divestment/) - “Divestment” is a term Medicaid uses to mean transferring assets before applying for benefits. The term “lookback period” is a Medicaid term which refers to the period of time, prior to filing an application during which asset transfers are reviewed for divestment. Generally, divestment done during the lookback period results in a penalty period of
- [New Year Brings New Uncapping Rules](https://mielderlaw.com/blog/new-year-brings-new-uncapping-rules/) - As addressed in a prior post, the laws about uncapping real estate taxes have become more complex and significant. Recent additional changes in the law have dramatically improved the situation. The law is MCL 211.27a. As of January 1, 2015, certain types of property that passes to certain related individuals will not uncap if the
- [SBO Policy Change Update](https://mielderlaw.com/blog/sbo-policy-change-update/) - The question most frequently asked of me when I am out and about is: What’s the status of the SBO Trust? I haven’t written about this issue on this blog sight before, although I have written and spoken about it a number of times in recent months. The SBO Trust (or “solely for the benefit
- [Estate Recovery in the Court of Appeals](https://mielderlaw.com/blog/estate-recovery-in-the-court-of-appeals-2/) - For those who follow the “estate recovery” saga, you may be interested to know that there are two cases currently pending in the Court of Appeals. In Re Estate of Violet Clark comes out of Calhoun County, and the Estate is represented by the Battle Creek firm of Kreis, Enderle, Hudgins and Borsos, P.C.. In
- [Hilldale Estate Recovery Case Report](https://mielderlaw.com/blog/hilldale-estate-recovery-case-report/) - Same result as the previously reported Genesee County case – the recovery can be made after the redetermination application is signed. In fact the Hillsdale Court adopts the reasoning of the Genesee County Judge. In this case that’s a good result – the beneficiary died less than two months later. In other cases, the result
- [Marriage and Financial Exploitation](https://mielderlaw.com/blog/marriage-and-financial-exploitation/) - Saw this article yesterday about persons with dementia. click here. Lord I feel jaded. I see an article about 90+ year olds finding love, and I automatically think “gold-digger.” What’s wrong with me? The reality though is that while marriage is an expression of love, and may address the loneliness that so often frequents elders;
- [Estate Recovery Cases Continue](https://mielderlaw.com/blog/estate-recovery-cases-continue-2/) - Judge Barkey of Genesee County Probate Court recently issued an opinion in an estate recovery case. The case was handled by our office, Chalgian and Tripp Law Offices, PLLC. Click here to read her opinion. As with most of these cases, in the Estate of James Shanks, the State filed a claim. The Estate disallowed
- [The Always Interesting Holographic Wil](https://mielderlaw.com/blog/the-always-interesting-holographic-wil/) - A holographic will is a will that a person writes out in their own hand – and signs and dates. If this is done, the usual requirements that the will be witnessed do not apply. People like to talk about these cases because they tend to come up in unusual matters. In reality they are
- [Uncapping Property Taxes:  The New Planning Conundrum](https://mielderlaw.com/blog/uncapping-property-taxes-the-new-planning-conundrum-2/) - As of January 1, 2014, a new exception exists in Michigan’s property tax uncapping rules. Generally, property taxes are uncapped (that is, the property taxes are based on the “state equalized value” as opposed to the often artificially lower “taxable value”) when real estate is conveyed to a new owner. However, there are exceptions. The
- [Guardianship End of Life Authority Clarified](https://mielderlaw.com/blog/guardianship-end-of-life-authority-clarified-2/) - The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often called “DNR” orders). The purpose of a DNR order is to preclude medical efforts to resuscitate an individual who is actively dying. The phrase “do not resuscitate order” is used
- [Advocacy in the Era of the Vulnerable Adult](https://mielderlaw.com/blog/advocacy-in-the-era-of-the-vulnerable-adult/) - The concept of “vulnerable adults” became popular among the general public only a few years ago. Prior to that it was an expression one might hear used among that small population of folk who frequented probate courts. Now it’s all the rage. So that’s good: People are more aware that some elders are vulnerable to
- [Striking the Balance between Dignity and Safety of a Vulnerable Adult](https://mielderlaw.com/blog/striking-the-balance-between-dignity-and-safety-of-a-vulnerable-adult/) - I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court proceedings in part because I like to watch judges and get to know their propensities – always helpful for both the cases I have in front of
- [Striking the Balance of Financial Integrity and Quality of Care for the Spouse of an Impaired Adult](https://mielderlaw.com/blog/striking-the-balance-of-financial-integrity-and-quality-of-care-for-the-spouse-of-an-impaired-adult/) - Here’s another balance that’s hard to strike – and hard to help clients understand and decide.Typical example: Husband and wife have been married 50 years. They are both in their seventies. They have a nice nest egg, but are hardly rich. Let’s say their home is paid off, and is worth $150,000. In addition they
- [Time To Make Your Death Wish?](https://mielderlaw.com/blog/time-to-make-your-death-wish-2/) - Current law provides that we have a constitutional right not to be kept alive if we don’t want to be. That is, if we are being kept alive artificially, we can have the plug pulled, the feeding tube removed, or our pacemaker turned off, as they case may be. And, if we are unable to
- [Attorney-Client Relationship Part III: Client Control](https://mielderlaw.com/blog/attorney-client-relationship-part-iii-client-control/) - Litigation is a lot of things: expensive, slow, volatile and unpredictable (FYI, some of the things that from the lawyer’s perspective make it fun). Clients would love to know from the beginning, What will this cost?, How long will it take?, and most of all: How will it come out? At that first meeting, the
- [The Attorney-Client Relationship Part II: Arc of the Love Affair](https://mielderlaw.com/blog/the-attorney-client-relationship-part-ii-arc-of-the-love-affair/) - We love our lawyers the day we hire them. They seem smart and focused (or we would not have signed up). But as time goes on, doubts and concerns slip in. They don’t return our calls as fast as we would like, they misspell a name, in talking to them they don’t recall an important
- [Attorney-Client Relationship Part I: Reputation](https://mielderlaw.com/blog/attorney-client-relationship-part-i-reputation/) - Among lawyers, reputation is a big deal. At least initially, clients don’t always understand or appreciate how important their attorney’s reputation (and the reputation of the opposing party’s attorney) is in a case. Attorneys who have good (or even exceptional) reputations – that is, they are reputed to know (or to be experts in) the
- [The New Terror Clause Case](https://mielderlaw.com/blog/the-new-terror-clause-case/) - An unpublished Court of Appeals opinion out of Kent County offers some interesting issues regarding the scope of no contest clauses. Decedent had three children, one of whom was developmentally disabled. Decedent was that child’s plenary guardian. Daughter A was the standby plenary guardian. Decedent left a will that said that Daughter A would receive
- [The King Lear Complex](https://mielderlaw.com/blog/the-king-lear-complex-2/) - King Lear is a fictional king of ancient times. William Shakespeare wrote one of his darkest plays about this character. The King was a good man. He was getting up in years. He had three daughters (same as me). He decided that he wanted to retire. The plan was to split his kingdom into three
- [Advantage Aged](https://mielderlaw.com/blog/advantage-aged-2/) - As I get older I have: … more fat and less hair. I don’t really care about the hair, but the fat is annoying. Advantage youth. … fewer unexpected mind-blowing really fun experiences, more moments where I am completely content with who I am and where I am. Wash. … less material desires. Advantage aged.
- [Litigation Strategies Part IV: Getting Homered](https://mielderlaw.com/blog/litigation-strategies-part-iv-getting-homered/) - Here’s a concern clients often face when deciding to hire me for matters outside the counties in which we have offices: Will it hurt their case that I am not a local attorney? In the legal world we have a term for those situations where we travel to a distant court and are treated shabbily
- [General Perry’s Terror Clause:  Final Chapter (I think)](https://mielderlaw.com/blog/general-perrys-terror-clause-final-chapter-i-think-2/) - Within a couple weeks of oral arguments, we received a published opinion in the General Perry terror clause case that has been discussed in this blog before (really fast opinion). To read the case, click here. The result was not favorable to my client, but nonetheless appears to provide planners with the result advocated by
- [The End of Life Tar Pit](https://mielderlaw.com/blog/the-end-of-life-tar-pit-2/) - I had the most amazing client interview the other day. A retired attorney in a lockdown unit at an assisted living facility, placed there by his family and against his will. Perfectly lucid, but deemed to be “unable to make informed decisions” by his doctors – not because he couldn’t understand and articulate his desires,
- [An Inconvenient Obstacle to Community Based LTC](https://mielderlaw.com/blog/an-inconvenient-obstacle-to-community-based-ltc-2/) - Summary Because asset protection strategies commonly used in the context of nursing home Medicaid are problematic in the context of MI Choice Waiver and PACE programs, a significant number of potential beneficiaries are disincentivized from pursuing these services. Background PACE is the Program for All Inclusive Care that is operating in several parts of the
- [R.I.P.  A/B Trusts  (The Day Elder Law Supplanted Estate Planning)](https://mielderlaw.com/blog/r-i-p-ab-trusts-the-day-elder-law-supplanted-estate-planning-2/) - I think it is hard to overstate how dramatic the recent developments in the federal estate tax law are in terms of the practice of estate planning. It marks the end of tax based planning for the vast majority of Americans, and the end of the traditional model of estate planning practice for a generation
- [The Mental Health Merry-Go-Round Part I](https://mielderlaw.com/blog/the-mental-health-merry-go-round-part-i/) - I don’t own a gun, have never owned a gun, and never want to own a gun. Guns make me nervous. So I have no problem with laws that reasonably limit the types of guns people own and places they can be carried. That said, I am frustrated that repeated “big news” events involving gun
- [Terror Clause Update](https://mielderlaw.com/blog/terror-clause-update/) - Finally got a date for oral arguments in the case of Miller Osborne Perry Trust – February 13, 2013. Of course that means it will still be months before we have an opinion. This is the case discussed in the post below: General Perry’s Terror Clause. Either way it goes, I assume we will get
- [Case Trends and Technical Formalities](https://mielderlaw.com/blog/case-trends-and-technical-formalities-2/) - The topic for this post was triggered by my end of year clean up. During that process, I go through piles of things I think are interesting and have set aside. In doing so I pulled out five unpublished Court of Appeals cases that relate to the issue of the treatment of testamentary documents which
- [Sperm Donor Case](https://mielderlaw.com/blog/sperm-donor-case-2/) - The Michigan Supreme Court addressed a curious issue, and provided an unsurprising result. Under Michigan law a child conceived after the death of the parent through artificial means is not a child of that parent when it comes to collecting Social Security benefits. The holding was made in Mattison v Social Security Commissioner. The United
- [Holiday Presents from DC and Lansing](https://mielderlaw.com/blog/holiday-presents-from-dc-and-lansing-2/) - Lots to blog about in the aftermath of busy lame duck sessions in Washington and Lansing. In order of importance: The Fiscal Cliff Law. Among the components of the so-called American Taxpayer Relief Act of 2012 (that’s original), is the permanent fixing of the federal estate and gift tax unified credit at $5 million per
- [Plan to be 100](https://mielderlaw.com/blog/plan-to-be-100-3/) - These days, living to be 100 years-old is not unusual. But most people (at least most of my clients) don’t necessarily want to think about what that means from a planning perspective. As their advisor, I share these thoughts: Hang On To Your Assets As people age they often become more generous and more concerned
- [The One Year Rule](https://mielderlaw.com/blog/the-one-year-rule-2/) - The “one year rule” is something I developed counseling clients about adult guardianships, and specifically, when, and if, to file. It comes up in the following situations: Client is an adult child of a demented parent. Parent is in situation that causes child to be concerned about their safety. Things like: they are hoarding and
- [Ladybird Deeds and Low Hanging Fruit](https://mielderlaw.com/blog/ladybird-deeds-and-low-hanging-fruit/) - Nearly two years ago, Michigan began implementing a Medicaid Estate Recovery Program. “Estate recovery” means that people who receive Medicaid assistance in the nursing home, through the MI Choice or PACE programs, face the prospect that when they die the State could come back against their estates and seek repayment for the costs paid by
- [Proposed Medicaid Policy Change Released](https://mielderlaw.com/blog/proposed-medicaid-policy-change-released/) - The State has issued proposed policy changes to the Medicaid program, which, if adopted, would be effective October 1, 2102. To review the proposed policy click here: Proposed Medicaid Policy. In terms of advising elderly clients seeking long term care Medicaid benefits, the interesting provisions of this proposed policy are: 1) Married couples are allowed one
- [Becoming a Burden](https://mielderlaw.com/blog/becoming-a-burden-2/) - This past weekend, my sister and I were pondering the rationale behind the common desire of many elders in America today that they “not become a burden” on their children. One question is: How did we get to this point? It seems obvious that for the vast majority of human history, and presumably in most
- [The Troubling Tale of Catherine Jones](https://mielderlaw.com/blog/the-troubling-tale-of-catherine-jones-2/) - The story of Catherine Jones is unique and it isn’t. It is typical in many of its facts: an older person with a strong sense of independence, fighting to retain the right to decide how she wants to live out her final days. But unique with respect to the clarity with which her story captures
- [The Feminization of the Law and the Death of Litigation](https://mielderlaw.com/blog/the-feminization-of-the-law-and-the-death-of-litigation/) - My neighbor teaches biology at Michigan State University. Among other things, he teaches students who are earning their veterinarian degrees. Once in conversation it came up that when he started teaching, 95% of his students in veterinary medicine were men, now 95% are women. I said (stupidly): must be this is because more of the
- [Ne’er Do Wells](https://mielderlaw.com/blog/neer-do-wells-2/) - Maybe it’s just me, but it seems like the baby boomer generation is swarming with children who never quite broke through. I come to this belief through my work with older clients (75 years-old+). They talk to me about their estates, and how they want to dispose of their assets when they are gone. We
- [Working on a Wire](https://mielderlaw.com/blog/working-on-a-wire-2/) - My legal practice has become consumed with litigation. Litigation involving the resources of one (older) generation and the expectations and overreaching of the next (younger, but not young) generation. I have come to think of the work I do as being the work that arises as a result of the tension on a wire that
- [American Austerity](https://mielderlaw.com/blog/american-austerity-2/) - The boomers are aging in huge numbers. The ratio between working-age tax payers and retirees is slanting rapidly toward the retirees. The government programs that provide care for the aged are already unsustainable. The seemingly obvious result of this reality is that boomers can expect significantly less government support than the current generation of elders.
- [First Generation](https://mielderlaw.com/blog/first-generation-2/) - When thinking about the law and aging, it is important to appreciate that we are the first generation to deal with this issue. A generation ago people did not regularly live to be 90 or 100 years-old, and because cognitive impairments are so closely correlated to advanced age, the societal challenges created as a result
- [Guardianship Law Change](https://mielderlaw.com/blog/guardianship-law-change/) - There was a big change in guardianship law – or was there? Public Act 173 took effect October 1, 2012 (and can be found on our website’s professional resources page). It is a big bill, modifying 8 statutes. It purports to be a major revision of guardianship and conservatorship law in Michigan, and while the bill
- [Capacity to Marry](https://mielderlaw.com/blog/capacity-to-marry/) - Here’s an interesting published Court of Appeals decision that many probate practitioners may have missed, because it came out of a circuit court, but which has significant implications in the arena of financial exploitation of vulnerable adults. In Estate of Ellen S. Mullin v Rene Marco Duenas, the Court of Appeals looked at an action of annulment of
- [Rebutting Presumption of Undue Influence](https://mielderlaw.com/blog/rebutting-presumption-of-undue-influence-2/) - It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older gentleman. His wife of many years dies. New woman becomes involved. Alienates family. He dies. She produces a will (surprise) leaving everything to her. At the trial
- [Litigation Strategies Part III: Bulldog Lawyers](https://mielderlaw.com/blog/litigation-strategies-part-iii-bulldog-lawyers/) - Clients are funny. When they need representation in litigation, some of them (especially ones who are new to litigation) believe that they want a “bulldog” – a lawyer with a lot of bark and bite. That’s not me. Further, when client’s come in with that perspective, my warning light goes off about whether I want
- [Litigation Strategies Part II: Telling Stories](https://mielderlaw.com/blog/litigation-strategies-part-ii-telling-stories/) - Financial exploitation of vulnerable adults takes place in the shadows. When these cases finally get to court, the object of the exploitation is either dead or too demented to explain what happened. So the trial becomes a process of trying to recreate an event to which the alleged perpetrator is probably the only witness. Was
- [Litigation Strategies Part I: I Love You But…](https://mielderlaw.com/blog/litigation-strategies-part-i-i-love-you-but/) - Litigation clients often misunderstand the likelihood of recovering legal fees. They believe, understandably so, that because the other party (whoever that may be) did something bad so as to cause the litigation to be necessary, that someday the Court is going to order that the other side must reimburse them for the thousands (tens of
- [The Rich are Different](https://mielderlaw.com/blog/the-rich-are-different-2/) - In his short story “Rich Boy” F. Scott Fitzgerald wrote: “Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft, where we are hard, cynical where we are trustful, in a way that, unless you were
- [Anatomy of a Senior Seminar Scam](https://mielderlaw.com/blog/anatomy-of-a-senior-seminar-scam/) - When you reach a certain age you begin receiving invitations to “educational seminars.” Often bright colored postcards in the mail, sometimes formalistic letters, even advertisements in the local paper. Usually they offer a “free meal.” In almost every instance these “educational seminars” are in fact high-pressure scams, designed to sell products that pay high commissions
- [Family Dysfunction Part IV: Second Marriages](https://mielderlaw.com/blog/family-dysfunction-part-iv-second-marriages-2/) - I advise clients who are in second (third, etc.) marriages, that their children do not like their second spouse. And I’m not joking. I tell clients that although they may be the exception to the rule, my experience tells me: offspring don’t like the man or woman who replaced their parent in the hearts and
- [Family Dysfunction Part III: Control Freak Fiduciary](https://mielderlaw.com/blog/family-dysfunction-part-iii-control-freak-fiduciary-2/) - Much litigation is created or avoided in the planning process when the people planning for their estate decide who to put in charge. Words a planner doesn’t want to hear: I appointed my oldest son as trustee/executor. Two immediate reactions: (1) men are more likely to be control freaks than women, and (2) the oldest
- [Family Dysfunction Part II: Fall of the High Achiever](https://mielderlaw.com/blog/family-dysfunction-part-ii-fall-of-the-high-achiever-2/) - In the middle of a particularly difficult guardianship matter, a seasoned probate judge once said to me “that will be me and you Doug, when we get there.” The subject of the proceeding was a retired college professor/author, had remarried and fired every doctor who told him he was impaired. The Judge’s point was that
- [Family Dysfunction Part I: Sibling Rivalry](https://mielderlaw.com/blog/family-dysfunction-part-i-sibling-rivalry-2/) - In probate litigation cases, attorneys frequently observe that “this family is really screwed up,” or, more professionally: “this family is completely dysfunctional.” That’s a conclusion. I think we can do better than that. It seems to me there are patterns, or common qualities, to many of these cases. Some of these patterns arise frequently, others
- [Ohio’s ABLE Program (STABLE) Impresses With Bells And Whistles -- by: Christopher W. Smith, JD](https://mielderlaw.com/blog/ohios-able-program-stable-impresses-with-bells-and-whistles-by-christopher-w-smith-jd/) - Currently, there are three states that offer ABLE accounts to Michigan residents: Nebraska (Enable), Tennessee (ABLE TN), and Ohio (STABLE). Each state’s offering is impressive given the limited amount of time that they had to set their programs up and all have surprisingly low fees. For example, none of the states are charging transactional fees. Deposit and withdrawal as much as you want!
- [Aging in Michigan – July 2016](https://mielderlaw.com/blog/aging-in-michigan-july-2016/) - In May 2015, the prognosis for Noah Slocum-Sinke wasn’t good. He was in the emergency room on life support. That’s when C&T case manager John Fusik recommended a somewhat controversial form of treatment, a therapy not generally accepted in the medical community but something that had worked with some of John’s other clients. It helped - a lot.
- [Michigan to unveil its ABLE program on November 1, 2016 - By: Christopher W. Smith, JD](https://mielderlaw.com/blog/michigan-to-unveil-its-able-program-on-november-1-2016-by-christopher-w-smith-jd/) - The following is an article written by C&T Attorney Christopher W. Smith regarding the current status of the ABLE act and ABLE accounts and the unveiling of Michigan's ABLE program (MiABLE). We hope you find it helpful: _________________________________________ On November 1, 2016, at 11:30 a.m., Michigan will unveil its ABLE program (MiABLE) in Lansing at
- [Income Taxes and Special Needs](https://mielderlaw.com/blog/income-taxes-and-special-needs/) - 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: Robert B. Fleming As April 15 looms, people with special needs – and their families, caretakers and trustees – think about the same thing that preoccupies every other American:
- [Special Needs Trust Fairness Act Headed To Obama](https://mielderlaw.com/blog/special-needs-trust-fairness-act-headed-to-obama/) - The U.S. Senate and House have now passed the Special Needs Fairness Act, and it is expected to be signed by President Obama in the near future. The Act makes an important change to the law relating to self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), and in doing so advances the
- [Finding the Right Lawyer](https://mielderlaw.com/blog/finding-the-right-lawyer/) - The way I see it, people often struggle to find the right lawyer for their cases. Over the years, I have been involved in many cases in which more than one party is represented by an attorney. Not infrequently, I look across the table and wonder how this person ended up with that lawyer. Often
- [Aging in Michigan - November 2016](https://mielderlaw.com/blog/aging-in-michigan-november-2016/) - The firm of Smith and Mabley is merging with the Chalgian & Tripp Southfield Office. If you don’t know Dave Smith and John Mabley, we look forward to introducing them to you. But if you’re a probate or estate planning professional in the State of Michigan, you already know who they are.
- [Last Chance to Enroll in Medigap Legacy Plan C is November 14th](https://mielderlaw.com/blog/last_chance_for_legacy/) - One of the best benefits for individuals with disabilities in Michigan is officially going away November 14th, 2016 (with an effective date no later than December 15, 2016). That is the last day that Michiganders with Medicare can sign up for Blue Cross Blue Shield of Michigan’s Medigap Legacy Plan C. Legacy Medigap was a special
- [MiABLE Launches In Michigan](https://mielderlaw.com/blog/miable-launches-in-michigan/) - Nearly two years in the making, Michigan's ABLE program launched today in Lansing. This technically makes Michigan the fifth ABLE program in the country (and the fourth that Michigan residents can enroll in). Eligible individuals can now enroll at miable.org. Well-deserved kudos goes to Representative Anthony Forlini for sponsoring the legislation and for welcoming input on
- [An Election Day Diversion - Zombies](https://mielderlaw.com/blog/election_day_zombies/) - As we end this intense election season, I thought I would post about something more pleasant...a zombie massacre. If you have not already watched this CBS news clip about best friends Sam and Mattie (who happen to have Down Syndrome), I encourage you to do so. Sam and Mattie wrote, raised $70,000, and starred in Spring Break
- [SNT’s, ObamaCare and More](https://mielderlaw.com/blog/snts-obamacare-and-more-2/) - A recent unpublished COA opinion raises some interesting issues regarding the probate court’s role in creating special needs trusts, as well as some food for thought on how the Affordable Care Act (aka, Obamacare) may impact decisions in these cases in the future. In In Re Hope Special Needs Trust a 75 year-old man with mental illness
- [“Elder Abuse” Bills Passed and Pending](https://mielderlaw.com/blog/elder-abuse-bills-passed-and-pending-2/) - Over the last few years Michigan lawmakers have cooperated with some aging advocacy groups to develop a package of laws intended to deter abuse of older adults. In June, Governor Snyder signed ten of those bills into law. Eight bills in this package remain pending. Most of the bills that have been signed into law
- [Trending Up: Medicare Set Aside Agreement](https://mielderlaw.com/blog/trending-up-medicare-set-aside-agreement-2/) - This is an important probate issue, although admittedly one that many probate lawyers may never come in contact with. The topic is Medicare Set Aside Agreements (MSAs). This topic is significant to those probate attorneys who work with plaintiff’s attorneys to assist in settlements of personal injury actions and workers compensation claims. Background MSAs are
- [More Thoughts On Our New Durable Power of Attorney Law](https://mielderlaw.com/blog/more-thoughts-on-our-new-durable-power-of-attorney-law/) - In an earlier post I reported on changes to MCL 700.5501 brought about by Public Act 141 of 2012. In this post I would like to point out some other intriguing aspects of this law. A link to the law may be found at in that earlier post of June 12, 2012. Planners need to
- [General Perry’s Terror Clause](https://mielderlaw.com/blog/general-perrys-terror-clause-2/) - I just filed a brief in an appeal that may be of interest to some of you. The case involves the estate of Brigadier General Miller Perry, who died leaving a restated trust. The restatement of the trust altered the beneficial shares. One of the beneficiaries whose share of estate was reduced by the restatement
- [Revised MCL 700.5501 Mandates Acceptance and Other Formalities](https://mielderlaw.com/blog/revised-mcl-700-5501-mandates-acceptance-and-other-formalities-2/) - The passage of Public Act 141 of 2012 is significant to estate planners in that it requires that an agent appointed under a standard power of attorney for finances (FPOA) to sign an acceptance before acting, and for such documents to be witnessed by two people and notarized. For planners who have not historically included
- [Ladybird Deeds: Readers Digest Version for Upcoming Program](https://mielderlaw.com/blog/ladybird-deeds-readers-digest-version-for-upcoming-program-2/) - I am presenting on ladybird deeds at the upcoming State Bar Solo and Small Firm Institute, September 19-21. Still time to sign up. Following is an abbreviated version of what I will be covering. Intro A ladybird deed is an odd duck that serves as a valuable estate planning tool in limited situations, but which
- [Estate Recovery in the Court of Appeals](https://mielderlaw.com/blog/estate-recovery-in-the-court-of-appeals/) - For those who follow the “estate recovery” saga, you may be interested to know that there are two cases currently pending in the Court of Appeals. In Re Estate of Violet Clark comes out of Calhoun County, and the Estate is represented by the Battle Creek firm of Kreis, Enderle, Hudgins and Borsos, P.C.. In Re Estate of
- [New Year Brings New Uncapping Rule](https://mielderlaw.com/blog/new-year-brings-new-uncapping-rule/) - As addressed in a prior post, the laws about uncapping real estate taxes have become more complex and significant. Recent additional changes in the law have dramatically improved the situation. The law is MCL 211.27a. As of January 1, 2015, certain types of property that passes to certain related individuals will not uncap if the
- [ABLE Act Passes — We'll Tell You What It Means](https://mielderlaw.com/blog/able-act-passes-well-tell-you-what-it-means/) - The following post was written by Robert Fleming of Fleming and Curti, PLC for their newsletter. I hope you find it helpful. DECEMBER 22, 2014 VOLUME 21 NUMBER 46 The Achieving a Better Life Experience Act passed the U.S. Senate last week, and was sent to the President for a final decision whether to adopt
- [The ABLE Act — How Will You Be Able to Use It?](https://mielderlaw.com/blog/the-able-act-how-will-you-be-able-to-use-it/) - The following post was written by Robert Fleming of Fleming and Curti, PLC for their newsletter. I hope you find it helpful. DECEMBER 29, 2014 VOLUME 21 NUMBER 47 Last week we told you about the passage of The Achieving a Better Life Experience Act, and tried to spell out some of the important details.
- [Good Guys Win Financial Exploitation Case](https://mielderlaw.com/blog/good-guys-win-financial-exploitation-case/) - Frances and Elizabeth Stafford were sisters in the Bay City area. When Elizabeth died, her trust continued for the benefit of Frances. Frances was a vulnerable adult, physically and cognitively impaired. Her trusted financial advisor of many years was Trustee over Elizabeth’s Trust. We were hired by the beneficiaries when, after Frances died, evidence of
- [VA Changes Looming](https://mielderlaw.com/blog/va-changes-looming/) - The Veterans Administration recently announced proposed changes to policy with respect to the increasingly popular Aid and Attendance enhanced pension program. This program allows Veterans who served during periods of conflict, and their spouses, to access additional income if they have significant health care costs. This commonly arises in situations where an elderly Vet is
- [8th Circuit Decision Stuns SNT World](https://mielderlaw.com/blog/8th-circuit-decision-stuns-snt-world/) - Topic: Self Settled Special Needs Trusts, aka Medicaid Payback Trusts, aka d(4)(A) Trusts. Legal Background: When a person under 65 meets the requirements of being disabled for the purposes of qualifying for needs-based government benefits (most notably Medicaid and Supplemental Security Income), they have the ability to meet the financial eligibility requirements of those programs
- [Bullying of the Special Needs Child and What Parents Can Do](https://mielderlaw.com/blog/bullying-of-the-special-needs-child-and-what-parents-can-do/) - I hope you find the following article from The Voice (the email newsletter of The Special Needs Alliance) helpful: The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Amy C. O'Hara and her co-author, Marion Walsh. Amy is a partner with the New York
- [Advising Clients on Medicare](https://mielderlaw.com/blog/advising-clients-on-medicare/) - For too long, Medicare has been the forgotten stepchild of elder law. Few attorneys know its ins and outs, and most struggle to profitably integrate it into their law practices. Yet Medicare will impact nearly every client and is a crucial component of our clients’ long-term financial and physical health.
- [Modern Estate Planning Focuses on Life Events](https://mielderlaw.com/blog/modern-estate-planning-focuses-on-life-events/) - Unless your estate planning documents provide direction as to how to strike the balance between protecting assets and paying for higher quality of care, decisions will be made by family members who may have their own ideas, and their own interest in your estate.
- [The ABLE Act - A New Tool for Special Needs Planning](https://mielderlaw.com/blog/the-able-act-a-new-tool-for-special-needs-planning/) - 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 Robert B. Fleming. Robert is a partner in Fleming & Curti, PLC, a Tucson law firm focusing on special needs planning, trust administration, guardianship/conservatorship and estate planning. He
- [Aging in Michigan – February 2016](https://mielderlaw.com/blog/aging-in-michigan-february-2016/) - Michigan’s new ABLE Act will be a featured topic at the annual Special Needs Check Ups. ABLE stands for: Achieving a Better Life Experience. At the Check Ups, C&T attorneys will answer your questions about Special Needs Trusts and the new ABLE Act.
- [Debit Card for Special Needs Trust Creates Eligibility Problem](https://mielderlaw.com/blog/debit-card-for-special-needs-trust-creates-eligibility-problem-3/) - The following is a post from Robert Fleming in the Fleming & Curti PLC newsletter - I hope you find it helpful. ___________________________ AUGUST 3, 2015 VOLUME 22 NUMBER 28 As part of Pennsylvanian Sharon Edwards’ (not her real name) divorce settlement, she and her husband agreed to establishment of a special needs trust to
- [Disabled Military Child Protection Act Policy Issued](https://mielderlaw.com/blog/disabled-military-child-protection-act-policy-issued/) - 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: Kelly A. Thompson On December 31, 2015, the Department of Defense released its policy implementing the Disabled Military Child Protection Act, providing guidance on who may assign survivor benefits
- [Don’t Delay Residential Planning](https://mielderlaw.com/blog/dont-delay-residential-planning/) - 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: Andrew H. Hook, CELA There are hundreds of thousands of individuals with developmental disabilities, mental illness and other special needs who live with aging parents. As these primary
- [A Delicate Balance – How Working Affects Public Benefits](https://mielderlaw.com/blog/a-delicate-balance-how-working-affects-public-benefits/) - 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: Jefferey M. Yussman, Esq. ______________________________________________ Employment is an important road to independence and self-esteem. But some individuals with disabilities worry that accepting a job offer will disqualify them
- [Starting a Lawsuit in the Real World](https://mielderlaw.com/blog/starting-a-lawsuit-in-the-real-world/) - One of the more frequent conversations I have with clients these days comes up with people who are considering starting a lawsuit. Because of the nature of my practice, the type of lawsuit we are discussing would typically involve things such as: contests about...
- [Caring for Aging Parents](https://mielderlaw.com/blog/caring-for-aging-parents/) - It sounds like a simple proposition: hiring caregivers to help an impaired older adult remain in their home. But, as with many of the issues that arise in the context of aging, nothing is quite as simple as it first appears...
- [Two Congressional Bills That Can Help With Special Needs Planning](https://mielderlaw.com/blog/two-congressional-bills-that-can-help-with-special-needs-planning/) - The following is an article from a recent: The Friendship Circle Blog - Special Needs Resource for Parents and Educators, written by Patti Dudek. I hope you find it helpful. ------------------------------------------------------------------------ I recently returned to Michigan from California where I participated in the retreat for the Board of Directors of the National Academy of Elder Law Attorneys (NAELA).
- [20 Cerebral Palsy Resources You Should Know About](https://mielderlaw.com/blog/20-cerebral-palsy-resources-you-should-know-about/) - The following is an article from a recent: The Friendship Circle Blog - Special Needs Resource for Parents and Educators, written by Lauren Lewis. I hope you find it helpful. ------------------------------------------------------ About 1 in 323 children has been identified with Cerebral Palsy according to estimates from CDC’s Autism and Developmental Disabilities Monitoring (ADDM) Network. There is an abundance of
- [10 Websites to Find a Wheelchair Accessible Van](https://mielderlaw.com/blog/10-websites-to-find-a-wheelchair-accessible-van/) - The following is an article from a recent: The Friendship Circle Blog - Special Needs Resource for Parents and Educators, written by Lauren Lewis. I hope you find it helpful. —————————————————— Purchasing a new or used vehicle can be pretty challenging. Finding the right car, the best price and dealing with financing is never easy. When looking for
- [SNA Article - Letter of Intent](https://mielderlaw.com/blog/sna-article-letter-of-intent/) - July 2013 - Vol. 7, Issue 6 The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Amy C. O’Hara and her co-author, Sheryl Frishman. Amy and Sheryl are attorneys with the New York law firm Littman Krooks LLP, specializing in special needs planning, trust administration, guardianships,
- [Overcoming the Urge to "Do Something" About Long-term Care](https://mielderlaw.com/blog/overcoming-the-urge-to-do-something-about-long-term-care/) - Getting old is scary. Friends and loved ones are dead and dying. Your body has declined. Your mind may be failing. What seemed like a nice nest egg now seems inadequate. As we age, we worry and wonder...
- [Rebutting Presumption of Undue Influence](https://mielderlaw.com/blog/rebutting-presumption-of-undue-influence/) - It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older gentleman. His wife of many years dies. New woman becomes involved. Alienates family. He dies. She produces a will (surprise) leaving everything to her. At the trial
- [Special Needs Trusts and Home Ownership](https://mielderlaw.com/blog/special-needs-trusts-and-home-ownership/) - This installment of the Voice was written by Special Needs Alliance member Evan J. Krame who focuses his practice on estate planning, probate, special needs planning and elder law. Evan is a past president of Shared Horizons, operating a pooled trust serving the Mid-Atlantic region. Evan also served as co-chair of the Estates, Trusts and
- [Advocacy in the Era of Vulnerable Adults](https://mielderlaw.com/blog/advocacy-in-the-era-of-vulnerable-adults/) - The concept of “vulnerable adults” became popular among the general public only a few years ago. Prior to that it was an expression one might hear used among that small population of folk who frequented probate courts. Now it’s all the rage. So that’s good: People are more aware that some elders are vulnerable to
- [Guardianship End of Life Authority Clarified](https://mielderlaw.com/blog/guardianship-end-of-life-authority-clarified/) - The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often called “DNR” orders). The purpose of a DNR order is to preclude medical efforts to resuscitate an individual who is actively dying. The phrase “do not resuscitate order” is used
- [Uncapping Property Taxes: The New Planning Conundrum](https://mielderlaw.com/blog/uncapping-property-taxes-the-new-planning-conundrum/) - As of January 1, 2014, a new exception exists in Michigan’s property tax uncapping rules. Generally, property taxes are uncapped (that is, the property taxes are based on the “state equalized value” as opposed to the often artificially lower “taxable value”) when real estate is conveyed to a new owner. However, there are exceptions. The
- [The Affordable Care Act and Its Impact on Individuals with Special Needs](https://mielderlaw.com/blog/the-affordable-care-act-and-its-impact-on-individuals-with-special-needs/) - New blog post on Chalgian & Tripp Law Offices Special Needs Press
- [Tax Tips for Those Caring for a Child with Special Needs](https://mielderlaw.com/blog/tax-tips-for-those-caring-for-a-child-with-special-needs/) - The following post was written by Robert Fleming of Fleming and Curti, PLC for their newsletter. I hope you find it helpful. ---------------------------------------------------------------------------------- We last wrote about income tax issues associated with providing care and support for relatives two years ago — just before tax filing time. Since we’re just a month away from tax
- [Inherited IRA Not Protected From Creditors — How To Plan](https://mielderlaw.com/blog/inherited-ira-not-protected-from-creditors-how-to-plan/) - The following post was written by Robert Fleming of Fleming and Curti, PLC for their newsletter. I hope you find it helpful. ------------------------------------------------------- JUNE 16, 2014 VOLUME 21 NUMBER 22 It’s not very often that the U.S. Supreme Court involves itself in legal issues related to estate planning and elder issues. Last week, though, the
- [When Elder Law Meets DINK Planning](https://mielderlaw.com/blog/when-elder-law-meets-dink-planning/) - As an elder law attorney who also does estate planning, I've noticed a marked increase in client couples with dual incomes and no kids (so-called "DINKs"). While my experience in elder law informs my planning across the board in no area of the practice has this perspective been more valuable than in planning...
- [Patterns in Financial Exploitation of Vulnerable Adults Cases](https://mielderlaw.com/blog/patterns-in-financial-exploitation-of-vulnerable-adults-cases/) - Clients who meet with me about elderly family members who are being, or have been, financially exploited are often surprised when, shortly into telling me their story, I can take over and fill in the details. It happens a lot these days. The clients say: “I guess you’ve been doing this a while,” or, “I guess our...
- [Two Stories About Aging](https://mielderlaw.com/blog/two-stories-about-aging/) - As an elder law and estate planning attorney, helping clients understand options and make informed decisions is rewarding. But the decisions they have to make are often difficult, regardless of any advice I can provide.
- [Estate Recovery Cases Continue](https://mielderlaw.com/blog/estate-recovery-cases-continue/) - Judge Barkey of Genesee County Probate Court recently issued an opinion in an estate recovery case. The case was handled by our office, Chalgian and Tripp Law Offices, PLLC. Click here to read her opinion. As with most of these cases, in the Estate of James Shanks, the State filed a claim. The Estate disallowed the
- [What Could Go Wrong with Your Living Trust?](https://mielderlaw.com/blog/what-could-go-wrong-with-your-living-trust/) - When asked about an estate plan, clients often say: “We’re all set, we have a living trust.” And that’s good. Often having a living trust (a.k.a. revocable trust) suggests that the client has worked with an attorney on a suitable plan. But what I also find is that clients sometimes think that simply having created
- [General Perry's Terror Clause: Final Chapter (I think)](https://mielderlaw.com/blog/general-perrys-terror-clause-final-chapter-i-think/) - Within a couple weeks of oral arguments, we received a published opinion in the General Perry terror clause case that has been discussed in this blog before (really fast opinion). To read the case, click here. The result was not favorable to my client, but nonetheless appears to provide planners with the result advocated by our
- [7 Things Parents Should Know About Accessible Van Shopping](https://mielderlaw.com/blog/7-things-parents-should-know-about-accessible-van-shopping/) - The following article was written for The Friendship Circle Blog by Susan Hawkins and covers some important points regarding the purchase of an accessible vehicle. You can find the link to the original article by clicking on the "continue reading" button at the end of the article. ----- As with any product that’s been around a
- [Your Special Needs Trust ("SNT") Defined](https://mielderlaw.com/blog/your-special-needs-trust-snt-defined-3/) - As I come across helpful information, as with the article below, I will pass them along in my blog. I hope you find the following useful in your planning. The Voice is the email newsletter of The Special Needs Alliance. This installment was written by Amy C. O'Hara, an attorney with the New York law firm
- [Congress' Drafting Error Denies Individuals with Disabilities a Fundamental Right](https://mielderlaw.com/blog/congress-drafting-error-denies-individuals-with-disabilities-a-fundamental-right/) - Law assumes a person with disabilities lacks the equality or mental capacity to enter into a contract. By Michael J. Amoruso, Esq. Have you ever witnessed the distress of dignity being stripped from a person simply due to a physical disability that prevents the person from entering a store because her or his wheelchair cannot
- [10 Must Have Products for Individuals with Cerebral Palsy](https://mielderlaw.com/blog/1417/) - The following article is from The Friendship Circle Blog.- Special Needs Resource for Parents and Educators ---------------- Like most disabilities, individuals with Cerebral Palsy (CP) have different needs and abilities. While one individual may need a device to help with communicating, another may need special writing tools designed specifically for people with muscle strength problems.
- [Family Dysfunction Part V: The Wake of the High Achiever](https://mielderlaw.com/blog/family-dysfunction-part-v-the-wake-of-the-high-achiever/) - It is a curious reality of probate litigation that the qualities common to people who create wealth are also qualities of people who create family dysfunction. What I see is that high achievers (whether they be business people, cutting edge doctors, successful lawyers, or esteemed college professors) tend to be driven people, people who put
- [Everything I Know About Estate Planning I Learned From Shakespeare](https://mielderlaw.com/blog/everything-i-know-about-estate-planning-i-learned-from-shakespeare/) - You’ve got to love William Shakespeare, the ultimate Renaissance man offered insight into pretty much every aspect of the human condition. Estate Planning is no different. Following are summaries of four Shakespeare plays and lessons you might take from them about estate planning: Hamlet Father dies, mom remarries dead husband’s brother. Accordingly, in this case,
- [Estate Recovery Change](https://mielderlaw.com/blog/estate-recovery-change/) - The State of Michigan recently terminated the contract for Health Management Services (“HMS”). HMS was the Texas company that was hired by the State to manage their estate recovery program. The contract with HMS provided that they were paid on a contingency basis. With that relationship ended, the estate recovery program will now be managed
- [Local Courts Hold Ground in Medicaid Cases](https://mielderlaw.com/blog/local-courts-hold-ground-in-medicaid-cases/) - The bad news is that the Attorney General is actively shopping around for Medicaid cases to attack. The good news is that local probate judges are – so far – holding the line. Over the past few months, at least two cases have been decided in probate courts that involve Medicaid long term care issues.
- [Why the Lucid Moment Needs to End](https://mielderlaw.com/blog/why-the-lucid-moment-needs-to-end/) - There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since. It is an unpublished decision in which the trial court held that a trust amendment was invalid due to lack of capacity and undue influence. The Court of Appeals reversed the trial court.
- [Developing an Estate Plan for Parents of Children with Disabilities: A 15-Step Approach](https://mielderlaw.com/blog/developing-an-estate-plan-for-parents-of-children-with-disabilities-a-15-step-approach/) - May 2013 - Vol. 7, Issue 4 The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Laurie Hanson, a shareholder in the Minneapolis, Minnesota, elder law firm of Long, Reher & Hanson, P.A. with the help of her law clerk, Christine Jensen. The firm’s focus is to
- [Canine Companions for Independence: Providing Assistance Dogs For Those In Need](https://mielderlaw.com/blog/canine-companions-for-independence-providing-assistance-dogs-for-those-in-need-2/) - The following is an article from a recent: The Friendship Circle Blog - Special Needs Resource for Parents and Educators. I hope you find it helpful. ________________________________________________________________________ Canine Companions for Independence is a nationwide non-profit organization that has placed 4,000 assistance dogs with handlers since 1975. Each service dog is trained for 2 years before placement – at
- [Canine Companions for Independence: Providing Assistance Dogs For Those In Need Part II](https://mielderlaw.com/blog/canine-companions-for-independence-providing-assistance-dogs-for-those-in-need-part-ii/) - The following is the second part to the earlier article I shared with you from: The Friendship Circle Blog - Special Needs Resource for Parents and Educators. ________________________________________________________________________ Have you ever wondered if a service dog could enhance your quality of life? Or what it would be like to attend a school where one of the therapists
- [Striking the Balance of Financial Integrity and Quality of Care for the Spouse](https://mielderlaw.com/blog/striking-the-balance-of-financial-integrity-and-quality-of-care-for-the-spouse/) - Here’s another balance that’s hard to strike – and hard to help clients understand and decide. Typical example: Husband and wife have been married 50 years. They are both in their seventies. They have a nice nest egg, but are hardly rich. Let’s say their home is paid off, and is worth $150,000. In addition
- [Striking the Balance Between Dignity and Safety of Vulnerable Adults](https://mielderlaw.com/blog/striking-the-balance-between-dignity-and-safety-of-vulnerable-adults/) - I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court proceedings in part because I like to watch judges and get to know their propensities – always helpful for both the cases I have in front of
- [Does My Child Need a Guardianship?](https://mielderlaw.com/blog/does-my-child-need-a-guardianship/) - June 2013 - Vol. 7, Issue 5 The Voice is the e-mail newsletter of The Special Needs Alliance. This installment was written by Special Needs Alliance member Hyman G. Darling, a partner in the Springfield, Massachusetts, firm of Bacon Wilson, P.C. Mr. Darling concentrates his practice in estate planning, elder law, probate, special needs and guardianships/conservatorships. Before
- [Is Your "Living Trust" Alive, or Barely Breathing?](https://mielderlaw.com/blog/is-your-living-trust-alive-or-barely-breathing/) - I often tell clients that estate planning is about two things: (1) What happens to your stuff when you die; and (2) who can make decisions for you if you are alive and can’t make decisions for yourself...
- [New Power of Attorney Law Challenges Planners](https://mielderlaw.com/blog/new-power-of-attorney-law-challenges-planners/) - As our clients age, and as the population of persons with cognitive impairments expands, the importance of the financial power of attorney is elevated. This reality is reflected by...
- [Family Dysfunction Part I: Sibling Rivalry](https://mielderlaw.com/blog/family-dysfunction-part-i-sibling-rivalry/) - In probate litigation cases, attorneys frequently observe that “this family is really screwed up,” or, more professionally: “this family is completely dysfunctional.” That’s a conclusion. I think we can do better than that. It seems to me there are patterns, or common qualities, to many of these cases. Some of these patterns arise frequently, others
- [Family Dysfunction Part II: Fall of the High Achiever](https://mielderlaw.com/blog/family-dysfunction-part-ii-fall-of-the-high-achiever/) - In the middle of a particularly difficult guardianship matter, a seasoned probate judge once said to me “that will be me and you Doug, when we get there.” The subject of the proceeding was a retired college professor/author, had remarried and fired every doctor who told him he was impaired. The Judge’s point was that
- [Family Dysfunction Part III: Control Freak Fiduciary](https://mielderlaw.com/blog/family-dysfunction-part-iii-control-freak-fiduciary/) - Much litigation is created or avoided in the planning process when the people planning for their estate decide who to put in charge. Words a planner doesn’t want to hear: I appointed my oldest son as trustee/executor. Two immediate reactions: (1) men are more likely to be control freaks than women, and (2) the oldest
- [Family Dysfunction Part IV: Second Marriages](https://mielderlaw.com/blog/family-dysfunction-part-iv-second-marriages/) - I advise clients who are in second (third, etc.) marriages, that their children do not like their second spouse. And I’m not joking. I tell clients that although they may be the exception to the rule, my experience tells me: offspring don’t like the man or woman who replaced their parent in the hearts and
- [Anatomy of Senior Seminar Scam](https://mielderlaw.com/blog/anatomy-of-senior-seminar-scam/) - When you reach a certain age you begin receiving invitations to “educational seminars.” Often bright colored postcards in the mail, sometimes formalistic letters, even advertisements in the local paper. Usually they offer a “free meal.” In almost every instance these “educational seminars” are in fact high-pressure scams, designed to sell products that pay high commissions
- [The Rich are Different](https://mielderlaw.com/blog/the-rich-are-different/) - In his short story “Rich Boy” F. Scott Fitzgerald wrote: “Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft, where we are hard, cynical where we are trustful, in a way that, unless you were
- [Advantage Aged](https://mielderlaw.com/blog/advantage-aged/) - As I get older I have: … more fat and less hair. I don’t really care about the hair, but the fat is annoying. Advantage youth. … fewer unexpected mind-blowing really fun experiences, more moments where I am completely content with who I am and where I am. Wash. … less material desires. Advantage aged.
- [The King Lear Complex](https://mielderlaw.com/blog/the-king-lear-complex/) - King Lear is a fictional king of ancient times. William Shakespeare wrote one of his darkest plays about this character. The King was a good man. He was getting up in years. He had three daughters (same as me). He decided that he wanted to retire. The plan was to split his kingdom into three
- [The New Terror Clause](https://mielderlaw.com/blog/the-new-terror-clause/) - An unpublished Court of Appeals opinion out of Kent County offers some interesting issues regarding the scope of no contest clauses. Decedent had three children, one of whom was developmentally disabled. Decedent was that child’s plenary guardian. Daughter A was the standby plenary guardian. Decedent left a will that said that Daughter A would receive
- [Time To Make Your Death Wish?](https://mielderlaw.com/blog/time-to-make-your-death-wish/) - Current law provides that we have a constitutional right not to be kept alive if we don’t want to be. That is, if we are being kept alive artificially, we can have the plug pulled, the feeding tube removed, or our pacemaker turned off, as they case may be. And, if we are unable to
- [Lady Bird Deeds and the Low Hanging Fruit](https://mielderlaw.com/blog/lady-bird-deeds-and-the-low-hanging-fruit/) - Nearly two years ago, Michigan began implementing a Medicaid Estate Recovery Program. “Estate recovery” means that people who receive Medicaid assistance in the nursing home, through the MI Choice or PACE programs, face the prospect that when they die the State could come back against their estates and seek repayment for the costs paid by
- [Plan to be 100](https://mielderlaw.com/blog/plan-to-be-100/) - These days, living to be 100 years-old is not unusual. But most people (at least most of my clients) don’t necessarily want to think about what that means from a planning perspective. As their advisor, I share these thoughts: Hang On To Your Assets As people age they often become more generous and more concerned
- [Holiday Presents From DC and Lansing](https://mielderlaw.com/blog/holiday-presents-from-dc-and-lansing/) - Lots to blog about in the aftermath of busy lame duck sessions in Washington and Lansing. In order of importance: The Fiscal Cliff Law. Among the components of the so-called American Taxpayer Relief Act of 2012 (that’s original), is the permanent fixing of the federal estate and gift tax unified credit at $5 million per
- [Sperm Donor Case](https://mielderlaw.com/blog/sperm-donor-case/) - The Michigan Supreme Court addressed a curious issue, and provided an unsurprising result. Under Michigan law a child conceived after the death of the parent through artificial means is not a child of that parent when it comes to collecting Social Security benefits. The holding was made in Mattison v Social Security Commissioner. The United States
- [Plan to Be 100](https://mielderlaw.com/blog/plan-to-be-100-2/) - These days, living to be 100 years old is not unusual. But most people (at least most of my clients) don’t necessarily want to think about what that means from a planning perspective. As their advisor, I share these thoughts...
- [Case Trends and Technical Formalities](https://mielderlaw.com/blog/case-trends-and-technical-formalities/) - The topic for this post was triggered by my end of year clean up. During that process, I go through piles of things I think are interesting and have set aside. In doing so I pulled out five unpublished Court of Appeals cases that relate to the issue of the treatment of testamentary documents which
- [R.I.P. A/B Trusts (The day elder law supplanted estate planning)](https://mielderlaw.com/blog/r-i-p-ab-trusts-the-day-elder-law-supplanted-estate-planning/) - I think it is hard to overstate how dramatic the recent developments in the federal estate tax law are in terms of the practice of estate planning. It marks the end of tax based planning for the vast majority of Americans, and the end of the traditional model of estate planning practice for a generation
- [The End of Life Tar Pit](https://mielderlaw.com/blog/the-end-of-life-tar-pit/) - I had the most amazing client interview the other day. A retired attorney in a lockdown unit at an assisted living facility, placed there by his family and against his will. Perfectly lucid, but deemed to be “unable to make informed decisions” by his doctors – not because he couldn’t understand and articulate his desires,
- [An Inconvenient Obstacle to Community Based LTC](https://mielderlaw.com/blog/an-inconvenient-obstacle-to-community-based-ltc/) - Summary Because asset protection strategies commonly used in the context of nursing home Medicaid are problematic in the context of MI Choice Waiver and PACE programs, a significant number of potential beneficiaries are disincentivized from pursuing these services. Background PACE is the Program for All Inclusive Care that is operating in several parts of the
- [The Mental Health Merry-go-round](https://mielderlaw.com/blog/the-mental-health-merry-go-round/) - I don’t own a gun, have never owned a gun, and never want to own a gun. Guns make me nervous. So I have no problem with laws that reasonably limit the types of guns people own and places they can be carried. That said, I am frustrated that repeated “big news” events involving gun
- [My Kids, Your Kids, His Kids, Her Kids: Why Second Marriages Make Estate Planning a Challenge](https://mielderlaw.com/blog/my-kids-your-kids-his-kids-her-kids-why-second-marriages-make-estate-planning-a-challenge/) - Estate planning is about two things: (1) What happens to my stuff when I die?; and (2) Who makes decisions for me if I am alive but unable to make decisions for myself? Both of these issues are dramatically more complicated in blended family situations...
- [The Pitfalls of "Helping Out" Your Family Members](https://mielderlaw.com/blog/the-pitfalls-of-helping-out-your-family-members/) - In America, parents have a tradition of “helping out” their children. But it is assumed that the need for this help ends at some point, typically when the child graduates from college. Today, these traditions are changing...
- [Planning with Discretionary Testamentary Trusts](https://mielderlaw.com/blog/planning-with-discretionary-testamentary-trusts/) - Many estate planners remain unaware of the proper situation in which a discretionary testamentary trust ("DTT") may provide a desirable option for their clients...
- [Understanding the Power of Power of Attorneys](https://mielderlaw.com/blog/understanding-the-power-of-power-of-attorneys/) - It is not uncommon to become involved in legal disputes where someone is troubled by the way a “power of attorney” is behaving...
- [Revised MCL 700.5501 Mandates Acceptance and Other Formalities](https://mielderlaw.com/blog/revised-mcl-700-5501-mandates-acceptance-and-other-formalities/) - The passage of Public Act 141 of 2012 is significant to estate planners in that it requires that an agent appointed under a standard power of attorney for finances (FPOA) to sign an acceptance before acting, and for such documents to be witnessed by two people and notarized. For planners who have not historically included
- [General Perry's Terror Clause](https://mielderlaw.com/blog/general-perrys-terror-clause/) - I just filed a brief in an appeal that may be of interest to some of you. The case involves the estate of Brigadier General Miller Perry, who died leaving a restated trust. The restatement of the trust altered the beneficial shares. One of the beneficiaries whose share of estate was reduced by the restatement
- [More Thoughts On Our Durable Power of Attorney Law](https://mielderlaw.com/blog/more-thoughts-on-our-durable-power-of-attorney-law/) - In an earlier post I reported on changes to MCL 700.5501 brought about by Public Act 141 of 2012. In this post I would like to point out some other intriguing aspects of this law. A link to the law may be found at in that earlier post of June 12, 2012. Planners need to
- [SNTs, Obamacare and More](https://mielderlaw.com/blog/snts-obamacare-and-more/) - A recent unpublished COA opinion raises some interesting issues regarding the probate court’s role in creating special needs trusts, as well as some food for thought on how the Affordable Care Act (aka, Obamacare) may impact decisions in these cases in the future. In In Re Hope Special Needs Trust a 75 year-old man with mental illness
- [Trending Up: Medicare Set Aside Agreement](https://mielderlaw.com/blog/trending-up-medicare-set-aside-agreement/) - This is an important probate issue, although admittedly one that many probate lawyers may never come in contact with. The topic is Medicare Set Aside Agreements (MSAs). This topic is significant to those probate attorneys who work with plaintiff’s attorneys to assist in settlements of personal injury actions and workers compensation claims. Background MSAs are
- [The Troubling Tale of Catherine Jones](https://mielderlaw.com/blog/the-troubling-tale-of-catherine-jones/) - The story of Catherine Jones is unique and it isn’t. It is typical in many of its facts: an older person with a strong sense of independence, fighting to retain the right to decide how she wants to live out her final days. But unique with respect to the clarity with which her story captures
- ["Elder Abuse" Bills Passed and Pending](https://mielderlaw.com/blog/elder-abuse-bills-passed-and-pending/) - Over the last few years Michigan lawmakers have cooperated with some aging advocacy groups to develop a package of laws intended to deter abuse of older adults. In June, Governor Snyder signed ten of those bills into law. Eight bills in this package remain pending. Most of the bills that have been signed into law
- [What Does "Asset Protection" Really Mean?](https://mielderlaw.com/blog/what-does-asset-protection-really-mean/) - When clients talk to me about setting up a trust, they often believe that by doing so, they will “protect their assets,” although they are rarely able to explain what that means or from what they are hoping to protect their assets...
- [Ladybird Deeds: Readers Digest Version For Upcoming Program](https://mielderlaw.com/blog/ladybird-deeds-readers-digest-version-for-upcoming-program/) - I am presenting on ladybird deeds at the upcoming State Bar Solo and Small Firm Institute, September 19-21. Still time to sign up. Following is an abbreviated version of what I will be covering. Intro A ladybird deed is an odd duck that serves as a valuable estate planning tool in limited situations, but which plays
- [First Generation](https://mielderlaw.com/blog/first-generation/) - When thinking about the law and aging, it is important to appreciate that we are the first generation to deal with this issue. A generation ago people did not regularly live to be 90 or 100 years-old, and because cognitive impairments are so closely correlated to advanced age, the societal challenges created as a result
- [American Austerity](https://mielderlaw.com/blog/american-austerity/) - The boomers are aging in huge numbers. The ratio between working-age tax payers and retirees is slanting rapidly toward the retirees. The government programs that provide care for the aged are already unsustainable. The seemingly obvious result of this reality is that boomers can expect significantly less government support than the current generation of elders.
- [Working on a Wire](https://mielderlaw.com/blog/working-on-a-wire/) - My legal practice has become consumed with litigation. Litigation involving the resources of one (older) generation and the expectations and overreaching of the next (younger, but not young) generation. I have come to think of the work I do as being the work that arises as a result of the tension on a wire that
- [Ne'er Do Wells](https://mielderlaw.com/blog/neer-do-wells/) - Maybe it’s just me, but it seems like the baby boomer generation is swarming with children who never quite broke through. I come to this belief through my work with older clients (75 years-old+). They talk to me about their estates, and how they want to dispose of their assets when they are gone. We
- [Becoming a Burden](https://mielderlaw.com/blog/becoming-a-burden/) - This past weekend, my sister and I were pondering the rationale behind the common desire of many elders in America today that they “not become a burden” on their children. One question is: How did we get to this point? It seems obvious that for the vast majority of human history, and presumably in most
- [New Law Clarifies Funeral Rights](https://mielderlaw.com/blog/new-law-clarifies-funeral-rights/) - Michigan recently adopted new laws designed to clear up confusion about who has the legal authority to control funeral arrangements for a decedent...
- [Federal Legislation Leaves Medicaid Planning in Limbo](https://mielderlaw.com/blog/federal-legislation-leaves-medicaid-planning-in-limbo/) - On February 8, 2006, President Bush signed into law the Deficit Reduction Act of 2005 (DRA), a massive piece of legislation that requires states to significantly change some Medicaid eligibility rules...
- [Elder Law and Medicaid in 2004](https://mielderlaw.com/blog/elder-law-and-medicaid-in-2004/) - Historically, clients come to elder law attorneys confused and, as a result, often frightened. Both are unfortunate...
- [Helping Elderly Clients Who Have Been Financially Exploited](https://mielderlaw.com/blog/helping-elderly-clients-who-have-been-financially-exploited/) - In Michigan, circuit court is the general trial court. As such, circuit courts have subject matter jurisdiction over all matters except those statutorily exclusively assigned to another court. Probate court has exclusive jurisdiction over internal affairs of trusts, decedent’s estates, conservatorships, and guardianship...
- [Special Needs=Special Planning](https://mielderlaw.com/blog/special-needsspecial-planning/) - The term “special needs” gained some notoriety during that brief period of time that Alaska Governor Sarah Palin was in the news as the running mate of Senator John McCain. Sarah Palin, we learned, has a “special needs” child–in her case a child with Down syndrome...
- [The Power of Discretion: An Introduction to Creditor Rights and Disability Planning Under the Michigan Trust Code](https://mielderlaw.com/blog/the-power-of-discretion-an-introduction-to-creditor-rights-and-disability-planning-under-the-michigan-trust-code/) - The rights of creditor’s to collect against assets held in trust are expressed in Part 5 of the Michigan Trust Code (the “MTC”). The objective of this article will be to summarize those rules and explain how they are organized. This will include a discussion of how these rules relate to the use of so-called
- [Ten Common Twists in the Road to a Smooth Estate Plan: Part II](https://mielderlaw.com/blog/ten-common-twists-in-the-road-to-a-smooth-estate-plan-part-ii/) - This is the second part of an article that addresses common issues that arise in estate planning and ideas on how they may be addressed...
- [Ten Common Twists in the Road to a Smooth Estate Plan: Part I](https://mielderlaw.com/blog/ten-common-twists-in-the-road-to-a-smooth-estate-plan/) - As an estate planning attorney, it’s nice once in a while to meet with clients who really have a “simple” estate plan — but then again, if that’s all you had to do, life would get boring...
- [Drafting Trusts with Prophylactic Planning Provisions—How Far Should You Go?](https://mielderlaw.com/blog/drafting-trusts-with-prophylactic-planning-provisions-how-far-should-you-go/) - Most of us are comfortable with the idea of including a catch-call provision in our trust agreements that prevents trust property from unexpectedly being distributed to minors. Clearly, that makes sense in many cases...
- [Medicaid Planning Basics](https://mielderlaw.com/blog/medicaid-planning-basics/) - Welcome to the complex, confusing and sometimes controversial world of “Medicaid Planning.” “Medicaid planning” is an area of the law in which attorneys advise clients about how to use the rules of Medicaid eligibility to their advantage...
- [The ABC's of Medicaid](https://mielderlaw.com/blog/the-abcs-of-medicaid/) - Medicaid is a government health insurance program. Unlike Medicare (the other big government health insurance program) to qualify for Medicaid a person must be elderly or disabled and also must meet strict financial eligibility requirements...
- [Estate Recovery](https://mielderlaw.com/blog/estate-recovery/) - In the recent flurry of legislative activity in Lansing, a new law was enacted that is especially important to Michigan’s senior citizens. The “estate recovery” law, as it is called, impacts people who receive Medicaid benefits for nursing home level care...
- [Medicaid Planning: Time of Change](https://mielderlaw.com/blog/medicaid-planning-time-of-change/) - Times are changing in the world of Medicaid planning. Always a volatile area of the law, Medicaid planning has entered a period in which the changes being implemented are especially significant, and happening more rapidly than at any time in the recent past...
- [ICLE's New Michigan Medicaid Planning Handbook](https://mielderlaw.com/blog/icles-new-michigan-medicaid-planning-handbook/) - This book is unique in that it provides practical, step-by-step instruction about obtaining Medicaid assistance for the client who is facing a nursing home stay, or who may be eligible for Home and Community-Based Waiver Services...
- [What Does Asset Protection Really Mean? Part II](https://mielderlaw.com/blog/what-does-asset-protection-really-mean-part-ii/) - This is the second part of an article What Does “Asset Protection” Really Mean? In the first installment, the topics of Protecting Assets from Probate, Protecting Assets from Nursing Home Costs, Protecting Assets from Divorce, and Protecting Assets for Problem Beneficiaries were addressed...

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- [Wills & Trusts (AdWords Extended Landing Page)](https://mielderlaw.com/contact-us/wills-trusts-adwords-landing-page/) - Contesting a Will It’s probably wrong to say that Will and Trust contests are the bread and butter of what we do at Chalgian & Tripp – maybe more like the meat and potatoes. Cases like this are heavy – a lot to digest. Even so, we always have more than one or two of
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- [Jackson Law Office](https://mielderlaw.com/jackson-office/) - Ready to meet with an attorney? Make An Appointment › Jackson Law Office Our Jackson Law Office The Jackson office of Chalgian and Tripp is located in a renovated Tutor house at 2127 Spring Arbor Road, Jackson. Click on the address for directions As with the lawyers in our other offices, our Jackson attorneys practice
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- [Estate Planning Quiz - Is there going to be a legal battle when you die?](https://mielderlaw.com/quiz-test-page/) - Ready to meet with an attorney? Make An Appointment › Is there going to be a legal battle when you die? So you want to know whether there will be a family battle when you die. Take this quiz and see how you score. The quiz is light-hearted, and intended to raise a smile, but
- [Elder Law Lessons from William Shakespeare](https://mielderlaw.com/articles/elder-law-lessons-from-william-shakespeare/) - Elder Law Lessons from William Shakespeare 1. Hamlet 2. Henry IV 3. King Lear 4. Julius Caesar Subscribe to the Mailing List Download the PDF William Shakespeare, the ultimate Renaissance man, offered insight into pretty much every aspect of the human condition. Estate planning is no different. Following are abbreviated summaries of four Shakespeare plays
- [Sitemap](https://mielderlaw.com/sitemap/) - Ready to meet with an attorney? Make An Appointment › Site Map Ann Arbor Law Office Battle Creek Law Office Boot Camp 2020 Bringing Dignity to Practice in Elder and Special Needs Law Caring for Aging Parents Categories ceprogram Elder Law Landing Page Estate Planning Events Grand Rapids Law Office Home Invoice Payment Gateway Jackson
- [Contact Us](https://mielderlaw.com/contact-us/) - What’s So Special About Chalgian & Tripp? Find Out › Contact Us Chalgian & Tripp Law Offices serves clients across Michigan with eight convenient offices located in East Lansing, Kalamazoo, Jackson, Battle Creek, Southfield, Saginaw, Ann Arbor, and Grand Rapids East Lansing 1019 Trowbridge Rd East Lansing, MI 48823 P: 517-332-3800 F: 517-332-4600 Southfield 26211
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- [Social Workers & Case Managers](https://mielderlaw.com/social-workers/) - Ready to meet with an attorney? Make An Appointment › Meet Our Social Workers & Case Managers As any elder law attorney will tell you, it isn’t always easy to distinguish elder law from social work. At Chalgian & Tripp Law Offices, we find that many of our clients benefit from having lawyers as well
- [About C&T](https://mielderlaw.com/legal-services/) - Chalgian & Tripp offers State-wide legal help when planning for your future or facing it. See how our team of lawyers and social workers can help you.
- [What Clients Say](https://mielderlaw.com/testimonials/) - Ready to meet with an attorney? Make An Appointment › What Clients Say Collect video testimonials with Boast Ready to Meet With an Attorney? We’ve been helping families plan for and face the future since 2002. We would love to learn how we can help you, too. Schedule an Appointment ›
- [Financial Exploitation of Vulnerable Adults](https://mielderlaw.com/legal-services/financial-exploitation-of-vulnerable-adults/) - Elder financial abuse is an epidemic. We have developed tools of civil litigation for victims and their families to defend themselves and recover losses.
- [Estate & Trust Administration](https://mielderlaw.com/legal-services/estate-trust-administration/) - Lucky you, you got picked to be in charge of the estate or trust. Best advice you can get is to work with an estate administration lawyer who knows the rules.
- [Medicaid Planning](https://mielderlaw.com/legal-services/medicaid-planning/) - Probably more than in any other practice area, our lawyers are recognized as Michigan's experts in Medicaid planning.
- [Guardianship & Conservatorship](https://mielderlaw.com/legal-services/guardianships-conservatorships/) - We frequently assist clients as attorney for guardianship and conservatorship over their loved ones. These cases may be uncontested or involve litigation.
- [Elder Law](https://mielderlaw.com/legal-services/elder-law/) - Elder law is about helping families face challenges that come with getting older, like difficulty living independently, cognitive decline, financial exploitation.
- [Special Needs Planning](https://mielderlaw.com/legal-services/special-needs-planning/) - Our team of special needs planning attorneys and social workers have the expertise and sensitivity to help families plan for special needs loved ones.
- [Will & Trust Contests](https://mielderlaw.com/legal-services/will-trust-contests/) - It’s probably wrong to say that will and trust contests are the bread and butter of what we do – maybe more like the meat and potatoes.
- [Estate Planning](https://mielderlaw.com/legal-services/estate-planning/) - Our estate planning lawyers aren’t going to scare you with more intimidating concepts. Rather, their goal is to help you understand and make good decisions.
- [Payment](https://mielderlaw.com/payment/) - Online Bill Payment Chalgian & Tripp Clients: You may now pay your bill online! You may pay your bill or retainer electronically with any Visa, MasterCard, or Discover card. Please use the links below to submit your payment. Click here to pay your invoice with a credit card via LawPay. Click here to pay your
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- [Elder Law Litigation and the Lessons I've Learned](https://mielderlaw.com/articles/elder-law-litigation-and-the-lessons-ive-learned/) - Elder Law Litigation and the Lessons I’ve Learned 1. Cognitive Impairment Is Much More Than Memory Loss 2. People Are People First, Then They Grow Old 3. For the Elderly, the World Can Be a Cold and Scary Place 4. Among the Aged, Negotiations and Love Songs Are Inseparable 5. Does It Pass the Smell
- [Estate Planning & Elder Law Experts (Adword Landing Page)](https://mielderlaw.com/contact-us/estate-planning-elder-law-experts/) - Schedule a Estate Planning Consultation Today Michigan Elder Planning Experts We’ve been helping families plan for and face the future since 2002. Our team of special needs planning attorneys and social workers have the expertise and sensitivity that is essential to helping families understand and plan for the future. We would love to learn how
- [Special Needs Sign Up with Posts](https://mielderlaw.com/special-needs-sign-up-with-posts/) - Sign Up for the Special Needs Press. Get notified when a new post is published to the Special Needs Press. X/TwitterThis field is for validation purposes and should be left unchanged.Email Address* Submit Share This Post with FriendsBy Christopher W. Smith, Chalgian & Tripp Law Offices, PLLC Special needs planners regularly encounter families who have
- [Register for our Virtual Program](https://mielderlaw.com/virtual-programs/) - What’s So Special About Chalgian & Tripp? Find Out › Virtual Program Registration Our attorneys and social workers enjoy interfacing with our colleagues in the aging community, and one of the ways we do that is by putting on trainings. Our Virtual Events now feature online ticket purchase. Please click on one of the events
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- [Caring for Aging Parents](https://mielderlaw.com/caring-for-aging-parents/) - Caring for Aging Parents 1. Family Issues 2. Taxes and Insurance 3. Government Benefits 4. Conclusion Subscribe to the Mailing List Download the PDF It sounds like a simple proposition: hiring caregivers to help an impaired older adult remain in their home. But, as with many of the issues that arise in the context of
- [Starting a Lawsuit in the Real World](https://mielderlaw.com/starting-a-lawsuit-in-the-real-world/) - Starting a Lawsuit in the Real World 1. The Decision to Sue or Let It Go 2. The Importance of Legal Theories 3. The Life of the Case 4. The Initial Pleading 5. Scheduling Orders and Discovery 6. Motions 7. Sanctions 8. Settlement and Mediation 9. Trial 10. Appeals 11. Conclusion Subscribe to the Mailing
- [Bringing Dignity to Practice in Elder and Special Needs Law](https://mielderlaw.com/bringing-dignity-to-practice-in-elder-and-special-needs-law/) - Bringing Dignity to Practice in Elder and Special Needs Law 1. Building a Dream 2. Growing the Firm 3. Becoming an Advocate 4. Bringing It Home Subscribe to the Mailing List Download the PDF Amy Rombyer Tripp keeps client files filled with details few lawyers would ever think to ask: favorite food, laundry detergent, brand
- [A Matter of Trust](https://mielderlaw.com/articles/a-matter-of-trust/) - A Matter of Trust 1. What is a Trust? 2. What is a Living Trust 3. What is a Revocable Trust? 4. How does a Trust compare to other types of estate planning options? 5. Why do some people say that everyone needs a Trust? 6. Does a Trust “protect” assets? 7. If I have
- [Getting Old is Not for Sissies](https://mielderlaw.com/articles/getting-old-is-not-for-sissies/) - Getting Old is Not for Sissies 1. Beyond age spots and wrinkles 2. Who you were matters 3. What the law has absorbed and needs to absorb further Subscribe to the Mailing List Download the PDF [addthis tool="addthis_inline_share_toolbox_below"] Recently, a colleague told me about an experience she had with her father and father-in-law. Both were
- [Old Estate Planning Ideas Give Way to New Technology](https://mielderlaw.com/articles/old-estate-planning-ideas-give-way-to-new-technology/) - Old Estate Planning Ideas Give Way to New Technology 1. What is a will? 2. Beyond harmless error 3. Not applicable to trusts 4. Conclusion Subscribe to the Mailing List Download the PDF [addthis tool="addthis_inline_share_toolbox_below"] As Duane Horton contemplated his death, he decided to use an app on his smartphone to write a message that
- [Sweating the Small Stuff](https://mielderlaw.com/articles/sweating-the-small-stuff/) - Sweating the Small Stuff 1. Lack of formal title 2. Lack of inventory 3. Lack of valuation 4. Informal statements of intent 5. Solutions 6. Conclusion Subscribe to the Mailing List Download the PDF [addthis tool="addthis_inline_share_toolbox_below"] Clients sometimes get confused about the way lawyers use the word “property.” In the legal community, the word “property”
- [The Cautionary Tale and Tragic Death of Virginia Kermath](https://mielderlaw.com/articles/the-cautionary-tale-and-tragic-death-of-virginia-kermath/) - The Cautionary Tale and Tragic Death of Virginia Kermath 1. The court’s decision 2. Housing options 3. Conclusion Subscribe to the Mailing List Download the PDF Everything I know about Virginia Kermath came from reading a Michigan Court of Appeals opinion.1 In that opinion, I learned that Virginia was a demented 89-year-old who, on a
- [Protecting Your Inheritance](https://mielderlaw.com/articles/protecting-your-inheritance/) - Protecting Your Inheritance 1. Professional Exploiters 2. Charities and Jackpots 3. Overreaching Siblings 4. Gold Diggers Subscribe to the Mailing List Download the PDF The focus of estate planning and elder law is typically on preparing documents and taking other steps to implement the wishes of the person establishing the plan and leaving the estate.
- [Funerals & Family Fights](https://mielderlaw.com/articles/funerals-family-fights/) - Funerals & Family Fights 1. Who’s in Control of Dad’s Stuff? 2. Should I Meet with the Lawyer Before the Funeral? 3. Can We Divide the Personal Items Now, While Everyone is Together? 4. Can I Change the Locks? 5. Is There Going to be a Reading of the Will? 6. Conclusion Subscribe to the
- [Guilty Thoughts at the Funeral Home](https://mielderlaw.com/articles/guilty-thoughts-at-the-funeral-home/) - Guilty Thoughts at the Funeral Home Subscribe to the Mailing List Download the PDF Someone close to you died. You’re nicely dressed and at the funeral home. All the talk is about condolences, sympathy and shared memories. It’s not that you aren’t engaged — not that you aren’t sincerely saddened by the loss — but
- [Adult Guardianship: The New Divorce](https://mielderlaw.com/articles/adult-guardianship-the-new-divorce/) - Adult Guardianship: The New Divorce 1. A Primer on Michigan Guardianship Law 2. The Reasons People Litigate 2a. Lack of Authority 2b. Care Decisions 2c. Removing a Fiduciary 2d. Reversing Decisions 3. Conclusion Subscribe to the Mailing List Download the PDF Fast Facts Adult guardianships are bringing family law concepts into probate courts—involving aging parents
- [The Top 10 Ways to Incite Anarchy When You Die](https://mielderlaw.com/articles/the-top-10-ways-to-incite-anarchy-when-you-die/) - The Top 10 Ways to Incite Anarchy When You Die 1. Loans to the kids 2. Oral trusts 3. Joint accounts 4. Hidden cash and coins 5. Cottage trust 6. Homemade will 7. Deeds in a drawer 8. Supplemental writings 9. Abated gifts 10. Put a jerk in charge Subscribe to the Mailing List Download
- [Categories](https://mielderlaw.com/categories/) - CONTENTS
- [Make an Appointment](https://mielderlaw.com/contact-us/make-an-appointment/) - Request An Appointment If you think Chalgian and Tripp is the place for you, your next step is to make an appointment. Chalgian and Tripp Law Offices are unique in many respects: We are unique in the fact that we have offices throughout Michigan. We are unique in the scope of practice, focusing exclusively in elder
- [Let's Talk About it: Preparing for Directed Trustees](https://mielderlaw.com/special-needs-training-preparing-for-directed-trustees/) - What’s So Special About Chalgian & Tripp? Find Out › Let’s Talk About it: Preparing for Directed Trustees Let’s Talk About It Join attorney Christopher Smith, Chair of the Elder Law & Disability Rights Section of the State Bar of Michigan, and other members of the C&T special needs planning team for an informative event
- [Will and Trusts Contests (AdWords Landing Page)](https://mielderlaw.com/will-and-trusts-contests/) - Will & Trust Contests It’s probably wrong to say that Will and Trust contests are the bread and butter of what we do at Chalgian & Tripp – maybe more like the meat and potatoes. Cases like this are heavy – a lot to digest. Even so, we always have more than one or two
- [Financial Exploitation Consultation](https://mielderlaw.com/contact-us/financial-exploitation-consultation/) - Schedule a Financial Exploitation Consultation Financial exploitation of vulnerable adults is epidemic. But that’s not news. Chalgian & Tripp has been on the front lines of developing the tools of civil litigation that victims and their families have used to defend themselves and recover their losses. While most law firms wouldn’t know where to begin
- [Elder Law Landing Page](https://mielderlaw.com/elder-law-landing-page/) - Schedule an Elder Law Appointment Elder law is an interesting label. For many lawyers, and non-lawyers, the term “elder law” has become synonymous with Medicaid planning; and is often associated with the chicken dinner seminar programs where free meals are handed out along with a whole lot of misleading nonsense about annuities and asset protection.
- [Estate Planning](https://mielderlaw.com/estate-planning/) - Meet with an Estate Planning Attorney As much as any area of the law, clients come to the estate planning process with misunderstandings, confusion and often fear. Concepts like “avoiding probate” and the “death tax” have entered into the public consciousness, but their significance is often exaggerated. CT’s estate planning lawyers aren’t going to scare
- [Thank You for the Appointment Request](https://mielderlaw.com/contact-us/make-an-appointment/success/) - [do_widget id=black-studio-tinymce-36] Request an Appointment Success! Your appointment request has been received. Thank for you for requesting an appointment. When you hear from us, you can explain your situation and the friendly staff person will help you find the right lawyer, the most convenient office, and a time and date that works for you. What’s Next?
- [Guardianship (AdWords Landing Page)](https://mielderlaw.com/guardianship-landing-page/) - Guardianships & Conservatorships Courts appoint guardians and conservators over children and adults when those people are unable to make their own decisions, and there is no other adequate alternate way for these decisions to be made. Chalgian & Tripp lawyers frequently assist clients with obtaining guardianship and conservatorship over their loved ones. Sometimes those cases
- [Special Needs Appointment (AdWords Landing Page)](https://mielderlaw.com/contact-us/special-needs-appointment-adwords-landing-page/) - Special Needs Planning There is much more to planning than simply creating a special needs trust. We help clients and their loved ones who are receiving Supplemental Security Income (SSI), social security, Medicaid, Medicare, housing options and services through Community Mental Health and other agencies. We can also assist with questions regarding guardianships, when they
- [Thank You for Your Feedback](https://mielderlaw.com/share/thank-you-for-your-feedback/) - [do_widget id=black-studio-tinymce-36] Thank You for Your Feedback We Have Received Your Submission! Your experience will be considered as we sort through all future legal matters. If your feedback was negative, we will be in contact as soon as possible to see if there is anything that we can do to resolve your issue.
- [Financial Exploitation Appointment (AdWords Landing Page)](https://mielderlaw.com/financial-exploitation-appointment-landing-page/) - Financial Exploitation of Vulnerable Adults Financial exploitation of vulnerable adults is epidemic. But that’s not news. Chalgian & Tripp has been on the front lines of developing the tools of civil litigation that victims and their families have used to defend themselves and recover their losses. While most law firms wouldn’t know where to begin
- [History](https://mielderlaw.com/legal-services/history/) - IWILLFIGHTI I is for Isolation There are common patterns in cases where older adults are exploited. Being alert to these behaviors may help you identify a situation and take steps before it is out of control, and possibly avoid a WILL FIGHT. W W is for Watchful Eyes. When a predator goes after a vulnerable
- [Shop](https://mielderlaw.com/shop/)
- [Your Quiz Results Have Been Processed - You're Safe!](https://mielderlaw.com/quiz-test-page/your-results-have-been-processed-youre-safe/) - Is there going to be a legal battle when you die? Your score has been processed. Congratulations! 0-20: You’re Safe. 20-30: Borderline risk of litigation. 30-50: Significant possibility of litigation. 50-70: You can almost bet on it. If you think Chalgian and Tripp could still help your situation, your next step is to make
- [Your Quiz Results Have Been Processed - Borderline Risk](https://mielderlaw.com/quiz-test-page/your-results-have-been-processed-borderline-risk/) - Is there going to be a legal battle when you die? Thank you for your submission. You are at a borderline risk of litigation. 0-20: You’re safe. 20-30: Borderline risk of litigation. 30-50: Significant risk of litigation. 50-70: You can almost bet on it. If you think Chalgian and Tripp is the place to help you,
- [Your Quiz Results Have Been Processed - Significant Risk of Litigation](https://mielderlaw.com/quiz-test-page/your-results-have-been-processed-significant-possibility-of-litigation/) - Is there going to be a legal battle when you die? Your results have been processed, and there is a significant risk of litigation after you die. 0-20: You’re safe. 20-30: Borderline risk of litigation. 30-50: Significant risk of litigation. 50-70: You can almost bet on it. If you think Chalgian and Tripp is
- [Your Quiz Results Have Been Processed - You Can Bet On It.](https://mielderlaw.com/quiz-test-page/your-results-have-been-processed-you-can-bet-on-it/) - Is there going to be a legal battle when you die? Based on your answers, you can almost bet that there will be litigation after you die. 0-20: You’re safe. 20-30: Borderline risk of litigation. 30-50: Significant risk of litigation. 50-70: You can almost bet on it. If you think Chalgian and Tripp is
- [Events](https://mielderlaw.com/ct-events/) - Importance of and Value of Durable Powers of Attorney, Medicaid Planning and Trusts When: December 8, 2016 Time: 6:30 PM - 7:30 PM Location: Brookdale of Bay City Speaker: Chrysa Milholland, JD Information: Please contact Krystal Corrion @ 989.892.2600 for information regarding this event including registration Be Scene - TV When: December 12, 2016 Time: 12:00 pm -
- [Disclaimer](https://mielderlaw.com/disclaimer/) - Interaction with this website does not establish an attorney-client relationship with Chalgian & Tripp Law Offices, PLLC or anyone affiliated with the firm. The information and opinions offered on this website are intended for educational purposes only and are not to be relied upon as legal advice. Every case is different. If you have legal

## Events

- [Elder Law University - Saginaw - October 14th, 2026](https://mielderlaw.com/events/elder-law-university-saginaw-october-14th-2026/) - Elder Law University - Jackson - September 9th, 2026 - This program has been approved for the following continuing education credits: 6 hours of Social Work continuing education credits approved by the Michigan Social Work Continuing Education
- [Elder Law University - Jackson - September 9th, 2026](https://mielderlaw.com/events/elder-law-university-jackson-september-9th-2026/) - Elder Law University - Jackson - September 9th, 2026 - This program has been approved for the following continuing education credits: 6 hours of Social Work continuing education credits approved by the Michigan Social Work Continuing Education
- [Elder Law University - Battle Creek - May 6th, 2026](https://mielderlaw.com/events/elder-law-university-battle-creek-may-6th-2026/) - Elder Law University - Battle Creek - May 6th, 2026 - This program has been approved for the following continuing education credits: 6 hours of Social Work continuing education credits approved by the Michigan Social Work Continuing Education
- [Elder Law University - East Lansing - April 15th, 2026](https://mielderlaw.com/events/elder-law-university-east-lansing-april-15th-2026/) - Elder Law University - East Lansing - April 15th, 2026 - This program has been approved for the following continuing education credits: 6 hours of Social Work continuing education credits approved by the Michigan Social Work Continuing Education
- [Elder Law University - Southfield - March 18th, 2026](https://mielderlaw.com/events/elder-law-university-southfield-march-18th-2026/) - Elder Law University - Southfield - March 18th, 2026 - This program has been approved for the following continuing education credits: 6 hours of Social Work continuing education credits approved by the Michigan Social Work Continuing Education
- [Medicaid Planning Bootcamp for Lawyers - November 12th, 2025](https://mielderlaw.com/events/medicaid-planning-bootcamp-for-lawyers-11-12-2025/) - Event Date & Time: November 12th, 2025 (8:30am - 4:00pm) Location: Chalgian & Tripp Law Offices 1019 Trowbridge Rd, East Lansing, MI 48823 Agenda Medicaid Boot Camp Agenda 8:30 – 8:45 a.m.Introduction to Medicaid Boot Camp ProgramPresenter: Susan L. Chalgian 8:45 – 9:35 a.m.Introduction to Michigan’s Medicaid ProgramPresente: David L. Shaltz 9:35 – 10:25 a.m.Treatment
- [Elder Law Boot Camp -May 21st, 2025 - Brighton](https://mielderlaw.com/events/elder-law-boot-camp-may-21st-2025-brighton/) - Elder Law Boot camp -May 21st, 2025 - Brighton
- [Elder Law Boot Camp - April 16th, 2025 - Grand Rapids](https://mielderlaw.com/events/elder-law-boot-camp-april-16th-2025-grand-rapids/) - Elder Law Boot camp - April 16th, 2025 - Grand Rapids
- [Elder Law Boot Camp - March 19th, 2025 - Bay City](https://mielderlaw.com/events/elder-law-boot-camp-march-19th-2025-bay-city/) - Elder Law Boot camp - MARCH 19th - BAY CITY
- [Elder Law Boot camp - October 30th, 2024 - East Lansing](https://mielderlaw.com/events/elder-law-boot-camp-oct-2024-east-lansing/) - Elder Law Boot camp - OCTOBER 30TH, 2024 - EAST LANSING
- [Elder Law Boot camp - September 18th, 2024 - Mt. Pleasant](https://mielderlaw.com/events/elder-law-boot-camp-mt-pleasant/) - Elder Law Boot camp - September 18th, 2024 - Mt. Pleasant
- [Medicaid Planning Bootcamp for Lawyers - September 17th, 2024](https://mielderlaw.com/events/medicaid-planning-bootcamp-for-lawyers-4-10-24-copy/) - Event Date & Time: September 17th, 2024 (8:30am - 4:20pm) Location: Chalgian & Tripp Law Offices 1019 Trowbridge Rd, East Lansing, MI 48823 Agenda 8:30-8:45 Introduction to Medicaid Boot Camp Program 8:45-9:35 Introduction to Michigan's Medicaid Program 9:35-10:25 Treatment of Assets and Income in Michigan's Medicaid Program 10:35-11:25 Special Asset and Income Rules for Married
- [Elder Law Boot camp - June 12th, 2024 - Kalamazoo](https://mielderlaw.com/events/elder-law-boot-camp-kalamazoo/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Elder Law Boot camp - April 24th, 2024 - Fenton](https://mielderlaw.com/events/elder-law-boot-camp-fenton/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Elder Law Boot camp - December 7th, 2023 - SAGINAW](https://mielderlaw.com/events/elder-law-boot-camp-saginaw/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Grand Opening - Grand Rapids Office Thursday, September 21st, 2023](https://mielderlaw.com/events/grand-opening-grand-rapids-office-thursday-september-21st-2023/) - Event: Grand Opening - Grand Rapids Office Date & Time: Thursday, September 21st, 2023 (4pm - 7pm) Come join us for our Grand Rapids Location Grand Opening. Location: Chalgian and Tripp Law, PLLC Offices 2040 Raybrook St SE Suite 205 Grand Rapids, MI 49546 Please RSVP at 517-332-3800 or email phillips@mielderlaw.com
- [Medicaid Planning Bootcamp for Lawyers - 9-14-2023 (Grand Rapids)](https://mielderlaw.com/events/medicaid-planning-bootcamp-for-lawyers-2/) - Event Date & Time: September 14th, 2023 (8:30am - 4:20pm) Location: Area Agency on Aging of Western Michigan 3215 Eaglecrest, NE Grand Rapids, MI 49525 Agenda 8:30-8:45 Intro to Program 8:45-9:30 Treatment of Assets and Income in Michigan's Medicaid Program 9:30-10:15 Special Assets and Income Rules 10:30-12:00 Special Problems in Medicaid Eligibility for Long Term
- [Medicaid Planning Bootcamp for Lawyers](https://mielderlaw.com/events/medicaid-planning-bootcamp-for-lawyers/) - Event Date & Time: May 23rd, 2023 (8:30am - 4:20pm) Location: Chalgian and Tripp Law Offices, PLLC 1019 Trowbridge Road East Lansing, MI 48823 Community Room Agenda 8:30-8:45 Intro to Program 9:00-9:50 Treatment of Assets and Income in Michigan's Medicaid Program 10:00-10:50 Special Assets and Income Rules 11:00-11:50 Special Problems in Medicaid Eligibility for Long
- [Elder Law Boot camp - Frankenmuth](https://mielderlaw.com/events/elder-law-boot-camp-frankenmuth/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Elder Law Boot camp - Jackson](https://mielderlaw.com/events/elder-law-boot-camp-jackson/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Elder Law Boot camp - Grand Rapids](https://mielderlaw.com/events/elder-law-boot-camp-grand-rapids/) - Elder Law Boot Camp If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision-making, navigating long-term care systems & supports, protecting vulnerable adults, and the ever-popular, in-depth Medicaid basics, planning & application procedure section. This program has pending approval
- [Legal planning for loved ones with a disability](https://mielderlaw.com/events/legal-planning-for-loved-ones-with-a-disability/) - Attorney Sarah Kirkpatrick will be presenting as part of the Special Needs Week at Christian Reform Conference Grounds on June 22. Click on the flyer below for more information SNW Legal Planning Flyer
- [Special Needs Trust and Able Accounts](https://mielderlaw.com/events/special-needs-trust-and-able-accounts/) - Attorney Sarah Kirkpatrick will be presenting to benefit planners across Michigan who have contracts with Social Security to administer the WIPA Programs on Special Needs Trust and Able Accounts. This is a private event.
- [Estate Planning for Children with Special Needs](https://mielderlaw.com/events/estate-planning-for-children-with-special-needs/) - Estate planning for families who have children with special needs requires a particular lawyer. During this virtual seminar, we will answer questions and provide information about the considerations that need to be addressed when developing a Special Needs Trust. Some of the topics we will discuss include guardianships and alternatives, public benefits (including Medicaid and
- [Elder Law Boot Camp for NEMCSA](https://mielderlaw.com/events/elder-law-boot-camp-for-nemcsa/) - We will be providing a Virtual Elder Law In Services for the NEMSCA and invited guest on April 28th, 2022 Social Work CE will be provided
- [Best Practices for Working with Cognitively Impaired Older Clients](https://mielderlaw.com/events/best-practices-for-working-with-cognitively-impaired-older-clients/) - Attorney Douglas Chalgian will be presenting at the Michigan Certified Public Accountants (Mi CPA) Conference on "Best Practices for Working with Cognitively Impaired Older Clients" as part of their all day conference. To learn more information go to http://www.micpa.org
- [Special Needs Trust and MI ABLE](https://mielderlaw.com/events/special-needs-trust-and-mi-able/) - Attorney Sarah Kirkpatrick will be presenting for the Family Leadership Network in a two hour educational event focusing on Special Needs Trusts and MI ABLE accounts. The FLN is a joint effort between the MI Family to Family Health Information Center (part of a federal project) and the Family Center for Children & Youth w/Special
- [Special Needs Trusts and MIAble](https://mielderlaw.com/events/special-needs-trusts-and-miable/) - Attorney Sara Kirkpatrick will be presenting at the Oasis Community of West Michigan on the MI-Able accounts and Special Needs planning. She will share important information about ABLE accounts including who is eligible, benefits of this type of account, as well as uses and restrictions. She will also speak about different types of Special Needs
- [Public Benefits Planning: The Ultimate Flowchart](https://mielderlaw.com/events/public-benefits-planning-the-ultimate-flowchart/) - Attorney David Shaltz will be presenting at the 62 Annual Probate and Estate Planning Institute in Plymouth. Public Benefits Planning; The Ultimate Flowchart: Tables and decision trees for navigating the maze of government benefit programs; payments from Social Security Administration; health care coverage from Medicare and Medicaid; handy resources for identifying and tapping other government
- [Conflicts of Laws and Powers of Appointment](https://mielderlaw.com/events/conflicts-of-laws-and-powers-of-appointment/) - Attorney Jim Spica will be presenting in a "Special Advanced Session: Conflicts of Laws and Powers of Appointment," at the 62 Annual Probate and Estate Planning Institute in Traverse City. Local law instantiations of the "relation back" of powers- resulting trusts and perpetuities; the choice of law instantiation- alternative concepts of choice-of-law rules and of
- [Public Benefits Planning: The Ultimate Flow Chart](https://mielderlaw.com/events/public-benefits-planning-the-ultimate-flow-chart/) - Attorney David Shaltz will be presenting at the 62 Annual Probate and Estate Planning Institute on Public Benefits Planning: The Ultimate Flow Chart. Tables and decision trees for navigating the maze of government benefits programs; payment from Social Security Administration; health care coverage from Medicare and Medicaid; handy resources for identifying and tapping other government
- [Pursuing and Protecting Tax Advantages with  Powers of Appointment](https://mielderlaw.com/events/pursuing-and-protecting-tax-advantages-with-powers-of-appointment/) - Attorney Jim Spica will be presenting on Pursuing and Protecting Tax Advantage with Powers of Appointment to the Estate and Trust Committee of State Bar of Michigan Tax Section via zoom . For more information contact the State Bar of Michigan Tax Section.
- [Virtual Elder Law Boot camp-Aging in Michigan](https://mielderlaw.com/events/virtual-elder-law-boot-camp-aging-in-michigan/) - Elder Law Boot Camp- Aging in Michigan If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning &
- [MSUFCU:  Long Term Care Planning](https://mielderlaw.com/events/msufcu-long-term-care-planning-2/) - Attorney Susie Chalgian will be presenting as part of the MSUFCU Financial Education Seminars, Virtually on January 12th, 2021. The costs of providing care for those afflicted with chronic conditions can be very high, especially if Medicare or private insurance does not cover related expenses. During this seminar, we will learn about financial options for
- [MSUFCU - Avoiding Common Pitfalls of Estate Planning](https://mielderlaw.com/events/msufcu-avoiding-common-pitfalls-of-estate-planning/) - Attorney Michelle Lane will be presenting as part of the MSUFCU Financial Education Seminar Series on "Avoiding Common Pitfalls of Estate Planning" In her program she will give an overview of important legal documents and common mistake we see with Estate Planning. To register for this program go to http://www.msufcu.org
- [MSUFCU - Long Term Care Planning](https://mielderlaw.com/events/msufcu-long-term-care-planning/) - Attorney Susan Chalgian will be presenting as part of the MSUFCU Financial Education Seminar Series on Long Term Care Planning. The program will review the options for paying for Long Term Care, with an emphasize on Medicaid qualifications. To register for the program visit http://www.msufcu.org
- [Caring for the Aging Parent](https://mielderlaw.com/events/caring-for-the-aging-parent-2/) - Attorney Michelle Lane will be presenting for MSUFCU Financial Seminar Series. Join us for this estate planning webinar to learn what you and your parent may want to consider as they enter the next chapter of life. Adult children often struggle with issues that arise as their parents age. This program offers attendees an opportunity
- [Community Mental Health Appeals-Know your Rights](https://mielderlaw.com/events/community-mental-health-appeals-know-your-rights/) - This Educational opportunity is being offered exclusively to Washtenaw Association for Community Advocacy members. Attorney Joelle Gurnoe-Adams will be presenting with Attorney Nick Gable on Community Mental Health Appeals. To register or learn more about WACE go to www.WashtenawACA.org
- [Elder Law Boot camp- Aging in Michigan](https://mielderlaw.com/events/elder-law-boot-camp-aging-in-michigan-2/) - Elder Law Boot Camp- Aging in Michigan If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning &
- [Caregiver Webinar- Preparing for the Future](https://mielderlaw.com/events/caregiver-webinar-preparing-for-the-future/) - Attorney Valerie Kutz-Otway will be giving a virtual presentation as part Region 9 Area on Aging Caregiver Series. To register contact Brooke at (989) 358-4616 or mainvilleb@nemcsa.org
- [MGA Fall 2021 Conference- Long Term Care Medicaid](https://mielderlaw.com/events/mga-fall-2021-conference-long-term-care-medicaid/) - Attorney Susie Chalgian will be presenting on Long Term Care Medicaid as part of the Michigan Guardianship Fall Conference in Bay City. To register for the conference go to http://www.michiganguardianship.org
- [Elder Law Boot Camp- Aging in Michigan](https://mielderlaw.com/events/elder-law-boot-camp-aging-in-michigan/) - Elder Law Boot Camp- Aging in Michigan If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning &
- [6th Annual Elder Law Institute- Elder Law Town Hall and Q&A](https://mielderlaw.com/events/6th-annual-elder-law-institute-elder-law-town-hall-and-qa/) - Select faculty members lead an interactive discussion of new developments, national and local trends, and up-to-the-minute planning strategies in this freewheeling session. Explore the challenges raised by COVID-19 and its ongoing impact on elder law practice. Get in on the discussion and get your answered. To learn more about the LiveStream ICLE Elder Law Conference
- [6th Annual Elder Law Institute- Interactive Long-Term Care Planning Decision Tree](https://mielderlaw.com/events/6th-annual-elder-law-institute-interactive-long-term-care-planning-decision-tree-2/) - Attorney Amy Tripp will be part of a panel discussion in a LiveStream: Interactive Long-Term Care Planning Decision Tree. When evaluating long-term care strategies for your client, the attorney must ask a series of questions. In this interactive session, identify the critical information you can collect at the initial client meeting. Explore the issues and
- [6th Annual  Elder Law Institute- Elder Law Caselaw and Status Update](https://mielderlaw.com/events/6th-annual-elder-law-institute-elder-law-caselaw-and-status-update/) - Stay ahead of the curve with this practical overview of recent case law and statutory changes in Michigan and around the country. By focusing on examples that will have the biggest impact on elder and special needs practitioners, you will be able to apply recent changes in law to advance your clients' interest and avoid
- [Trust from A to Z :   Understand All the Wealth Planning Options Available to Your Client](https://mielderlaw.com/events/trust-from-a-to-z-understand-all-the-wealth-planning-options-available-to-your-client/) - Attorney Chrysa Milholland will be presenting from 12:20-1:10 on Special News Trust in an online seminar. This is part of an all day seminar for Financial Planners through NBI. In her program she will cover: When are SNT's Used (SNT's vs Able Act Accounts) Types of SNT's Tax Consequences of SNT's Preserving Benefits Eligibility Trust
- [MICPA Learning Showcase- Medicaid Planning: Just Enough to Be Dangerous](https://mielderlaw.com/events/micpa-learning-showcase-medicaid-planning-just-enough-to-be-dangerous/) - Attorney Doug Chalgian will be presenting virtually at the MICPA Learning Showcase on : Medicaid Planning: Just Enough to Be Dangerous Older clients worry endlessly about losing their assets if they need to go to a nursing home. Doug Chalgian, the author of the Michigan Medicaid Planning Handbook, will introduce you to the world of Medicaid
- [DPOA and PAD- Virtual Care Management Collaborative](https://mielderlaw.com/events/dpoa-and-pad-virtual-care-management-collaborative/) - Attorney Erin Majka will be presenting on DPOA and PAD for Integrated Health Partners for their Virtual Care Management Collaborative. To register got to http://www.intergratedhealthpartners.net/events/552
- [Basic Planning with Powers](https://mielderlaw.com/events/basic-planning-with-powers/) - Attorney Jim Spica will present at the 61st Annual Probate and Estate Planning Institute via Live Stream in the Special Advance Session: Basic Planning with Powers. This session will include: The Delaware Trap under PPTPA after SB 721 (2020). The Delaware Tax Trap un the USRAP-IRC 2038 and powers to grant powers- springing contingent testamentary
- [ACTEC 2021 Annual Virtual Meeting](https://mielderlaw.com/events/actec-2021-annual-virtual-meeting/) - James Spica will be leading a four-member panel discussion of his article “Settlor-Authorized Fiduciary Indifference to Trust Purposes and the Interests of Beneficiaries under the Uniform Trust Code”—which appeared in the Spring 2020 issue of the ABA’s Real Property, Trust and Estate Law Journal—in the State Laws Committee session of the ACTEC 2021 Annual Meeting.
- [Caring for the Aging Parent](https://mielderlaw.com/events/caring-for-the-aging-parent/) - Attorney Michelle Lane will be the presenter for the virtual program. "Caring for the Aging Parent" as part of the MSUFCU Financial Seminars. Michelle will cover what legal documents would be helpful if you are the caregiver of an aging parent or other family members. The is a free event open to the
- [ELDERS Virtual Spring Conference](https://mielderlaw.com/events/elders-virtual-spring-conference/) - Attorney Susan Chalgian will be part of a panel discussion on Medicaid Updates. More details added when they become available. For more information contact the Elder Law and Disability Rights Section at the State Bar of Michigan https://connect.michbar.org/elderlaw/home
- [NBI Virtual Presentation " Michigan Medicaid Asset Planning: A Practical Toolkit"](https://mielderlaw.com/events/nbi-virtual-presentation-michigan-medicaid-asset-planning-a-practical-toolkit/) - Attorney Susan Chalgian will be presenting two session as part of this all day training. The first will be " Ensuring Spousal Protections from 1:45-2:30 pm The second will be " Asset Transfer in Crisis Planning. To sign up for this training go to http://www.nbi-sems.com
- [61st Annual Probate and Estate Planning Institute](https://mielderlaw.com/events/61st-annual-probate-and-estate-planning-institute/) - Attorney Susan Chalgian will be presenting in an "on-demand" session as part of the Disability Planning Track. "How to Use SBO Trust When Planning for Long-Term Care" Recent Developments in SBO trust for a community spouse: when to use, drafting, divestment review, alternatives, Medicaid and non-Medicaid planning. SBO trust for a disabled person: when to
- [Using Probate Court Protective Orders in Planning for Spousal Protections after Schroder](https://mielderlaw.com/events/using-probate-court-protective-orders-in-planning-for-spousal-protections-after-schroder/) - On December 17th, 2020, the Michigan Court of Appeals released a published decision that has significant ramifications regarding the use of probate court protective orders in Michigan Medicaid Planning. Attorney Susan Chalgian will lead a short Virtual training on the case and its implications for Medicaid Planning
- [Virtual Medicaid Bootcamp](https://mielderlaw.com/events/virtual-medicaid-bootcamp/) - Let’s get together virtually. COVID notwithstanding, Medicaid rules continue to change, from efforts to undermine the use of SBO Trusts to rules that make it harder to spend down on household items. Several of our experts will cover the basics, while also updating you on recent developments. Agenda 9:00-9:50 Medicaid Basic and LTC Programs 10:00-10:50
- [Medicare 101, Do you know enough?](https://mielderlaw.com/events/medicare-101-do-you-know-enough/) - Attorney Christopher Smith will be virtually presenting on Medicare 101, Do you know enough? This event is being hosted by Lourdes Senior Community and 1.5 CE is available to Social Workers. To register please contact Regina Mallet at RMALLETT@Lourdes-SC.org. or register through this website.
- [Special Need Planning 2020](https://mielderlaw.com/events/special-need-planning-2020/) - Attorney Sara Schimke will be presenting at The Financial and Estate Planning Council of Metropolitan Detroit. She will be presenting on Special Needs Planning 2020, with focus on Best Practices in planning and Techniques in Special Needs Planning Language. To Register go to http://www.metrodetroitfepc.org
- [Medicare: It Comes at a Premium at the CPE Mega Conference](https://mielderlaw.com/events/medicare-it-comes-at-a-premium-at-the-cpe-mega-conference/) - Attorney Christopher Smith will be presenting at the CPE Mega Conference on Medicare: It Comes at at Premium. Avoiding the common trap of underestimating the importance of controlling Medicare premium costs and future out-of-pocket expenses. Leave this comprehensive one step ahead with an overview of Medicare plans and services and learn practical advocacy tips to maximize
- [Legislative Panel Update at the SBM Elder Law and Disablity Rights Section Annual Fall Meeting](https://mielderlaw.com/events/legislative-panel-update-at-the-sbm-elder-law-and-disablity-rights-section-annual-fall-meeting/) - Attorney Christopher Smith will be speaking as part of the Legislative Panel at the State Bar of Michigan Annual Fall Conference and Meeting. For more information go to https://connect.michbar.org/elderlaw/events/eventdescription?CalendarEventKey=24f7fa23-ccd4-445a-a946-62be0bf4ef65&CommunityKey=b329162e-afe5-4b62-bc47-e4b58dd6fb2b&Home=%2fevents%2fcalendar
- [The Medicaid Un-Program at the SBM Elder Law and Disability Rights Fall Conference](https://mielderlaw.com/events/the-medicaid-un-program-at-the-sbm-elder-law-and-disability-rights-fall-conference/) - Attorneys David Shaltz, Sara Schmike and Amy Tripp will be presenting the Medicaid Un-Program at the Virtual Annual Meeting and Fall Conference for the State Bar of Michigan Elder Law and Disability Rights Section. To sign up for this program go to https://connect.michbar.org/elderlaw/events/eventdescription?CalendarEventKey=24f7fa23-ccd4-445a-a946-62be0bf4ef65&CommunityKey=b329162e-afe5-4b62-bc47-e4b58dd6fb2b&Home=%2fevents%2fcalendar
- [Midwest Trust and Wealth Management Conference-Managing Difficult Conversations with Estate Settlements](https://mielderlaw.com/events/midwest-trust-and-wealth-management-conference-managing-difficult-conversations-with-estate-settlements/) - Attorney Douglas Chalgian will be speaking at the Midwest Trust and Wealth Management Conference on "Managing Difficult Conversation with Estate Settlements". To register and for more information on the conference, please visit https://mibankers.com/MIBANKERS/Education_Events/Midwest_Trust_and_Wealth_Management_Conference/MIBANKERS/Education/Midwest_Trust_and_Wealth_Management_Conference_.aspx?hkey=41c4c31e-4712-4896-b78e-316ad4abdb1e
- [10 Things Every Senior Should Know](https://mielderlaw.com/events/10-things-every-senior-should-know/) - Primrose welcomes Fred Rolf, Joe Weiler, Chrysa Milholland and Kimberly Lavin to discuss the basics of elder law. You can RSVP by contacting Jane at (989) 575-3255 or jane.johnson@primroseretirment.com to recieve the virtual meeting link.
- [Vista Grande Villa Summer Education Series- Estate Planning](https://mielderlaw.com/events/vista-grande-villa-summer-education-series-estate-planning/) - Attorney Amy Tripp will be part of the Vista Grande Villa Virtual Summer Educational Series to discuss Estate Planning. To register and to receive zoom invite contact Stacey Olson at solson@vgvilla.com
- [6th Annual Elder Law Institute: Interactive Long-Term Care Planning Decision Tree](https://mielderlaw.com/events/6th-annual-elder-law-institute-interactive-long-term-care-planning-decision-tree/) - When evaluating long-term care strategies for you client, the lawyer must ask a series of questions. In this interactive session, identify the critical information you can collect at the initial client meeting. Explore the issues and variables to consider in Medicaid-focused strategies and how they can impact the options available to your client. Using real-world
- [6th Annual Elder Law Institute- Elder Law Caselaw and Statute Update](https://mielderlaw.com/events/6th-annual-elder-law-institute-elder-law-caselaw-and-statute-update/) - Stay ahead of the curve with this practical overview of recent caselaw and statutory changes in Michigan and around the country. By focusing on examples that will have the biggest impact on elder and special needs practitioners, you will be able to apply recent changes in the law to advance your clients' interests and avoid
- [6th Annual Elder Law Institute- Closing Keynote: Elder Law Town Hall](https://mielderlaw.com/events/6th-annual-elder-law-institute-closing-keynote-elder-law-town-hall/) - Attorney Amy Tripp is one of the selected faculty members to lead an interactive discussion of new developments, national and local trends, and up-to-the-minute planning strategies in this freewheeling session. Explore the challenges raised by COVID-19. To Register go to www.ICLE.org
- [6th Annual Elder Law Institute-Welcome and Introduction to the Case Study](https://mielderlaw.com/events/6th-annual-elder-law-institute-welcome-and-introduction-to-the-case-study/) - Attorney Amy Tripp will begin the conference with the Welcome and Introducing the Case Study for the Session. To Register for this conference go to http://www.ICLE.org
- [Jackson Area Estate Planning Council Annual Review and Update](https://mielderlaw.com/events/jackson-area-estate-planning-council-annual-review-and-update/) - Attorney Douglas Chalgian will be presenting an Update and Annual Review on Estate Planning to the Jackson Area Estate Planning Council. For More information go to www.jacksonareaepc.org
- [60th Annual Probate and Estate Planning Institute- Purposes of  Concealment Under Michigan's New Undisclosed Trust Statute/Proposal](https://mielderlaw.com/events/60th-annual-probate-and-estate-planning-institute-purposes-of-concealment-under-michigans-new-undisclosed-trust-statute-proposal/) - In a Special Advanced Session of the Probate and Estate Planning Institute, Attorney James P. Spica will be presenting: Purposes of Concealment Under Michigan's New Undisclosed Trust Statute/Proposal. Trusts without beneficiaries Beneficiaries without knowledge Duties without rights Ends without means To register for this event, go to www.icle.org
- [60th Annual Probate and Estate Planning Institute- Debunking Five Medicaid Urban Legends](https://mielderlaw.com/events/60th-annual-probate-and-estate-planning-institute-debunking-five-medicaid-urban-legends/) - Attorney David Shaltz's presentation will be available On-Demand as part of the 60th Annual Probate and Estate Planning Institute presented by ICLE. For more information visit http://www.icle.org
- [MGA Virtual Spring Conference-Judges and Attorneys Panel Discussion](https://mielderlaw.com/events/mga-virtual-spring-conference-judges-and-attorneys-panel-discussion/) - Attorney Christopher Smith will be part of a panel discussion at the Virtual Michigan Guardianship Association Spring Conference. To Register and for more information visit www.michiganguardianship.org
- [Canceled 60th Annual Probate and Estate Planning Institute- Disability Planning Track](https://mielderlaw.com/events/60th-annual-probate-and-estate-planning-institute-disability-planning-track/) - Attorney David Shaltz will be presenting Debunking Five Medicaid Urban Legends, In this session David will cover: Understanding Medicaid's role in health care for older and disabled clients Identifying opportunities to help clients avoid delays in Medicaid eligibility. Planning to preserve assets and income for the community spouse. Avoiding costly mistakes that cause the loss
- [Canceled 60th Annual Probate & Estate Planning Institute- Special Advanced Session](https://mielderlaw.com/events/60th-annual-probate-estate-planning-institute-special-advanced-session/) - Attorney Jim Spica will be presenting at a Special Advance Session: Purposes of Concealment under Michigan's New Undisclosed Trust Statue/Proposal. This will cover: trusts without beneficiaries beneficiaries without knowledge duties without rights ends without means. For more information about the 60th Annual Probate and Estate Planning Institute visit http://www.icle.org
- [Canceled Special Needs Planning](https://mielderlaw.com/events/special-needs-planning/) - Attorney Joelle Gurnoe-Adams will be presenting on Special Needs Planning at the Salem-South Lyon District Library, this event is open to the public. To register call the Library at (248) 437-6431
- [Postponed Elder Law Aging in Michigan - Mount Pleasant, MI](https://mielderlaw.com/events/elder-law-aging-in-michigan-mount-pleasant-mi/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [The Special Needs Planning Toolbox](https://mielderlaw.com/events/the-special-needs-planning-toolbox/) - Joelle Gurnoe-Adams focuses her practice on special needs and estate planning, trust administration, guardianship and conservatorship, and advising families who have a loved one that is elderly or has a disability. She received her Bachelor’s degree from the University of Michigan and her Juris Doctorate with honors from Wayne State University Law School. Joelle has
- [Getting Your Affairs in Order](https://mielderlaw.com/events/getting-your-affairs-in-order/) - Attorney Ernscie Augustin will be part of the "Getting Your Affairs in Order" event at Trinity AME Church. She will focus her discussion on Preparing for probate proceedings, probate litigation and how proper planning can reduce the lengthy process of litigation. All topics to be covered: I. 10 Myths to Be Debunked II. Do I
- [VA Benefits & Senior Financial Planning Seminar - Vista Springs Timber Ridge Village](https://mielderlaw.com/events/va-benefits-senior-financial-planning-seminar-vista-springs-timber-ridge-village/) - Please join us for a FREE Informational event focusing on Financial Planning, VA Benefits, and Medicaid for seniors. Get answers to all your questions for you or your loved one.
- [MSUFCU Seminar: Special Needs Planning](https://mielderlaw.com/events/msufcu-seminar-special-needs-planning/) - Estate planning for families with children with special needs takes a special lawyer. There are other legal issues that need to be considered including guardianships or alternatives to guardianships; public benefits (Medicaid and Supplemental Security Income) and life care planning, including the use of a Letter of Intent, and the ability to maneuver through community
- [Understanding Social Security](https://mielderlaw.com/events/understanding-social-security/) - Attorney Amy Tripp will be presenting "Understanding Social Security" as part of the Hillsdale County ISD; 3rd Annual Transition Boot Camp Day. This event will also have speakers from Disability Connections, Michigan Rehabilitation Services, Special Olympics, SPARC, Life Ways, and Key Opportunities. This event is open for parents of the Hillsdale ISD, to reserve you
- [Let's Talk About It- Medicaid and Long-Term Care Update-Saginaw CANCELED](https://mielderlaw.com/events/lets-talk-about-it-medicaid-and-long-term-care-update-saginaw-canceled/) - Join attorneys David Shaltz and Joe Weiler and other members of the C&T Medicaid planning team for an informative event about changes in Medicaid and Long Term Care Planning in Michigan. There is no cost to attend this event. Medicaid and Long Term Care Update The Hegadorn Decision and the future of SBO trusts. The
- [Let's Talk About It: Preparing for Directed Trustees - Midland](https://mielderlaw.com/events/lets-talk-about-it-preparing-for-directed-trustees-midland/) - Join attorney Christopher Smith, Chair of the Elder Law & Disability Rights Section of the State Bar of Michigan, and other members of the C&T special needs planning team for an informative event about the new Directed Trustee Laws in Michigan. There is no cost to attend this event. Michigan’s Directed Trustee Law Eliminates the
- [Government Benefits Update—Changes: Blowing in the Wind](https://mielderlaw.com/events/government-benefits-update-changes-blowing-in-the-wind/) - Attorney Sara Schimke will join Robert Mannor and Don Rosenberg to discuss new changes to government benefits. To register for this event, go to http://connect.michbar.org/elderlaw/events/eventdescription?CalendarEventKey=a288468d-1a7d-41ca-b7dc-757139e93934&CommunityKey=b329162e-afe5-4b62-bc47-e4b58dd6fb2b&Home=%2fevents%2fcalendar
- [Independent Living: Decisions, Safeguards, Supports and Success](https://mielderlaw.com/events/independent-living-decisions-safeguards-supports-and-success/) - Chris Smith will be part of the Independent Living: Decisions, Safeguards, Supports and Success panel at the National Down Syndrome Society Adult Summit. The panel will discuss moving out, housing plans and living independently. To register for this event, go to https://www.ndss.org/ndss-adult-summit/
- [5th Annual Elder Law Institute: Elder Law Caselaw and Statute Update](https://mielderlaw.com/events/5th-annual-elder-law-institute-elder-law-caselaw-and-statute-update/) - Stay ahead of the curve with this practical overview of recent caselaw and statutory changes in Michigan and around the country. By focusing on examples that will have the biggest impact on elder and special needs practitioners, you will be able to apply recent changes in the law to advance your clients’ interests and avoid
- [Medicaid Un-Program: Fast-Paced, Interactive Discussion on Hot Topic For Elder Attorneys, Advocates, and Ombudsment](https://mielderlaw.com/events/medicaid-un-program-fast-paced-interactive-discussion-on-hot-topic-for-elder-attorneys-advocates-and-ombudsment/) - C&T Attorneys Amy Tripp, David Shaltz, Sara Schimke with be joined by Gregory Kish of John A. Scott, PC to lead an interactive discussion at the 2019 Fall Elder Law & Disability Rights Conference and Annual Meeting at Crystal Mountain Resort. To learn more information or register go to: https://eiseverywhere.com/elder2019
- [How to Protect Estates from Hackers and Identity Thieves](https://mielderlaw.com/events/how-to-protect-estates-from-hackers-and-identity-thieves/) - Attorney John Mabley will be presenting at ICLE's 59th Annual Probate and Estate Planning Institute. His presentation will cover maintaining confidentiality and data security in your law office along with death certificates, financial institutions, and credit reporting agencies. Accessing exposure from a decedent's digital footprint and preventing fraudulent trust and estate return fillings. To
- [How to Protect Estates from Hackers and Thieves](https://mielderlaw.com/events/how-to-protect-estates-from-hackers-and-thieves/) - Attorney John Mabley will be presenting at ICLE's 59th Annual Probate and Estate Planning Institute. His presentation will cover maintaining confidentiality and data security in your law office along with death certificates, financial institutions, and credit reporting agencies. Accessing exposure from a decedent's digital footprint and preventing fraudulent trust and estate return fillings. To register
- [Cornerstone Connection: Estate Planning](https://mielderlaw.com/events/cornerstone-connection-estate-planning/) - Attorney Michelle Lane will speak about estate planning at the "Cornerstone Connection Happy Hour," hosted by Cornerstone Wealth Partners. To register for this event, please go to https://www.eventbrite.com/e/cornerstone-connection-happy-hour-tickets-61814338350
- [Introduction to Estate Planning](https://mielderlaw.com/events/introduction-to-estate-planning/) - Attorney Joelle Gurnoe-Adams will speak about Estate Planning -- how decisions are made about your finances and medical care during your lifetime, when you are unable to make them yourself and what happens to your "stuff" when you die. This event is co-hosted by A New Path Financial and Washtenaw Community College. To register for
- [Protecting Assets While Qualifying for Medicaid](https://mielderlaw.com/events/protecting-assets-while-qualifying-for-medicaid/) - Get the Latest on Medicaid Application and Asset Planning Tactics Middle class Americans seeking asset protection cannot afford to ignore the potentially devastating costs of nursing home and other long-term care. Nursing homes are among the most common and largest creditors an average American is likely to face in his or her lifetime, but only
- [MSUFCU Seminar: Adult Children Caring for Aging Parents](https://mielderlaw.com/events/msufcu-seminar-adult-children-caring-for-aging-parents/) - Adult children often struggle with the issues that arise when their parents age. Unfortunately, our society does little to prepare people to handle these challenges. This program offers attendees an opportunity to understand the issues and to learn more about terms they probably heard, but may not understand, such as, different housing options, legal documents, government program
- [Guardianships, Conservatorships, and Protective Orders](https://mielderlaw.com/events/guardianships-conservatorships-and-protective-orders/) - Attorney Sara Schimke will be presenting as part of the ICLE event; Basics of Advising Elderly Clients and Those with Disabilities all day seminar. If you would like to register, please visit www.icle.org/info/elderly
- [MidMichigan Spiritual Care and Advance Planning Conference](https://mielderlaw.com/events/midmichigan-spiritual-care-and-advance-planning-conference/) - **MidMichigan Medical Center – Midland’s Spiritual Care Conference, cancelled due to winter weather in January, has been rescheduled for Thursday, March 7.** Attorney Chrysa Milholland will be part of Presentation #1, "What Matters Most: A Blueprint for Living a Meaningful Life," during the MidMichigan Spiritual Care and Advance Planning Conference. Conference Objectives: Explain how clinicians
- [Preparing for Directed Trustees: Southfield](https://mielderlaw.com/events/preparing-for-directed-trustees-southfield/) - Michigan’s Directed Trustee Law Eliminates the term “Trust Protector” from Michigan law. Allows discretionary trusts to segregate liability among various types of trustees, and creates the new role of an “Investment Trustee.” Creates new tools for drafting special needs trusts. Who Should Attend: Estate planning attorneys Trust Officers Financial Planners
- [A Collaborative Approach to Special Needs Planning](https://mielderlaw.com/events/a-collaborative-approach-to-special-needs-planning/) - The Detroit Chapter of the Society of Financial Service Professionals presents "A Collaborative Approach to Special Needs Planning," with CT attorney Sara A. Schimke joining Rachelle Vartanian, M. Ed Psy, M.ASD. Discussion Points: Family issues related to special needs Estate planning legal issues Chartered Special Needs Consultant Designation – ChSNC ABLE Act To register for
- [Let's Talk About it: Preparing for Directed Trustees - Southfield](https://mielderlaw.com/events/lets-talk-about-it-preparing-for-directed-trustees-southfield/) - ***Sorry, this session is at capacity. Our Midland session still has spots available or keep an eye out for future events! Join attorney Christopher Smith, Chair of the Elder Law & Disability Rights Section of the State Bar of Michigan, and other members of the C&T special needs planning team for an informative event about
- [Medicaid Policy Update](https://mielderlaw.com/events/medicaid-policy-update/) - Attorney David Shaltz will be presenting at ICLE's Medicaid and Health Care Planning Update 2019 as part of an all day program. To register contact ICLE's at www. ICLE.org.
- [Managing Money for a Client with Government Benefits](https://mielderlaw.com/events/managing-money-for-a-client-with-government-benefits/) - Chris Smith will be part of two sessions at the Michigan Guardianship Association 2019 Spring Conference on Thursday, April 25. The first session will be "Managing Money for a Client with Government Benefits," along with regional trust manager David D. Sprague. The second session will be "Legal Update for Guardians" from 2:15-3:15pm. To register for
- [VA Benefits & Senior Financial Planning Seminar - Vista Springs Edgewood](https://mielderlaw.com/events/va-benefits-senior-financial-planning-seminar-vista-springs-edgewood/) - Please join us for a FREE Informational event focusing on Financial Planning, VA Benefits, and Medicaid for seniors. Get answers to all your questions for you or your loved one.
- [Special Needs Planning Toolbox](https://mielderlaw.com/events/special-needs-planning-toolbox/) - Joelle Gurnoe-Adams focuses her practice on special needs and estate planning, trust administration, guardianship and conservatorship, and advising families who have a loved one that is elderly or has a disability. She received her Bachelor’s degree from the University of Michigan and her Juris Doctorate with honors from Wayne State University Law School. Joelle has
- [Let's Talk About It: Preparing for Directed Trustees - East Lansing](https://mielderlaw.com/events/lets-talk-about-it-preparing-for-directed-trustees-east-lansing/) - Join attorney Christopher Smith, Chair of the Elder Law & Disability Rights Section of the State Bar of Michigan, and other members of the C&T special needs planning team for an informative event about the new Directed Trustee Laws in Michigan. There is no cost to attend this event. Michigan’s Directed Trustee Law Eliminates the
- [Elder Law - Aging in Michigan - Jackson](https://mielderlaw.com/events/elder-law-aging-in-michigan-jackson/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [Estate Planning](https://mielderlaw.com/events/estate-planning/) - Attorneys Amy Tripp and Carmencita Fulgado-Taylor will speak at the Spring Arbor Senior Center about estate planning, including Powers of Attorney (POA), Patient Advocate Designations (PAD), wills, and trusts. This is a private event for attendees of the Spring Arbor Senior Center. For more information, please contact the Senior Center Coordinator: Shimone Glaspie at 517-750-1010, extension
- [Elder Law - Aging in Michigan - Southfield](https://mielderlaw.com/events/elder-law-aging-in-michigan-southfield/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [Veterans Benefits and the Claims Administration Process](https://mielderlaw.com/events/veterans-benefits-and-the-claims-administration-process/) - Susan Chalgian will be part of an Institute of Continuing Legal Education (ICLE) seminar, "Veterans Benefits and the Claims Administration Process." She will cover the topic Special Monthly Pension and is scheduled for 3:40 to 4:40 pm. This is a stand-alone half-day seminar that will meet the CLE requirements for attorneys seeking VA accreditation. To
- [Estate Planning](https://mielderlaw.com/events/estate-planning-2/) - Attorney Diane Peters will be presenting on Estate Planning and updates to consider with life changes. This a lunch and learn at Heritage Commons Senior Center in Marshall Michigan, to register call (269) 558-6150
- [PACE and MI Choice Waiver Programs](https://mielderlaw.com/events/pace-and-mi-choice-waiver-programs/) - Attorney Erin Majka will be presenting at ICLE's 59th Annual Probate and Estate Planning Institute. Her presentation will be an introduction to PACE and the MI Choice Waiver program including snap shot date, timing of the application and other unique issues with these programs. To register for the Institute visit www.icle.org.
- [Elder Law - Aging in Michigan - Frankenmuth](https://mielderlaw.com/events/elder-law-aging-in-michigan-frankenmuth/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [Jackson Area Estate Planning Council Annual Year-End Review](https://mielderlaw.com/events/jackson-area-estate-planning-council-annual-year-end-review/) - An annual tradition - Mr. Chalgian will provide an update to the Jackson Area Estate Planning Council (JAEPC) on all of the important and relevant statutory changes and judicial opinions from the last year relating to the broad topic of probate, trust and estate planning, with detailed analysis, discussion and handouts that our members and
- [Lunch & Learn at Huntington Bank](https://mielderlaw.com/events/lunch-learn-at-huntington-bank/) - Attorney Chris Smith will participate in Huntington Bank's Lunch & Learn regarding the new directed trustee laws in Michigan. Learn more about how the new directed trustee law: Eliminates the term "Trust Protector" from Michigan law. Allows discretionary trusts to segregate liability among various types of trustees, and creates the new role of an "Investment
- [Fundamentals of Estate Planning](https://mielderlaw.com/events/fundamentals-of-estate-planning/) - Attorney Carmencita Fulgado-Taylor will present on the Fundamentals of Estate Planning during a Halfmoon Education Seminar. She will cover the following topics: The basics of planning for incapacity The basics of asset transfers at death Basics of estate and gift tax planning Recognizing ethics issues in estate planning To register for this event, please go
- [5th Annual Elder Law Institute: Closing Keynote - Elder Law Town Hall](https://mielderlaw.com/events/5th-annual-elder-law-institute-closing-keynote-elder-law-town-hall/) - Attorney Amy Tripp will join Valerie Peterson and select faculty members to lead an interactive discussion of new developments, national and local trends, and up-to-the-minute planning strategies in this freewheeling session. Get in on the discussion and get your questions answered. To register for the Elder Law Institute, please go to https://www.icle.org/modules/store/seminars/schedule.aspx?PRODUCT_CODE=2019CI2632
- [5th Annual Elder Law Institute: Welcome and Introduction to the Case Study](https://mielderlaw.com/events/5th-annual-elder-law-institute-welcome-and-introduction-to-the-case-study/) - Attorney Amy Tripp will open the 5th Annual Elder Law Institute and an Introduction to a Case Study. To register for the Elder Law Institute, please go to https://www.icle.org/modules/store/seminars/schedule.aspx?PRODUCT_CODE=2019CI2632
- [Guardianships – What you need to know about your rights and how you might help others](https://mielderlaw.com/events/guardianships-what-you-need-to-know-about-your-rights-and-how-you-might-help-others/) - Attorney Doug Chalgian will be discussing "Guardianships – What you need to know about your rights and how you might help others" for the Otsego County Commission on Aging (OCCOA).
- [Legal & Financial Planning](https://mielderlaw.com/events/legal-financial-planning/) - Attorney Erin Majka will be at New Friends Memory Care & Assisted Living to discuss financial and legal issues for caregivers. This event is hosted by the Alzheimer's Association, Michigan Great Lakes Chapter. To register, go to http://alz.org/crf
- [Elder Law - Aging in Michigan - Grand Rapids](https://mielderlaw.com/events/elder-law-aging-in-michigan-grand-rapids/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [PACE and MI Choice Waiver Programs](https://mielderlaw.com/events/pace-and-mi-choice-waiver-programs-2/) - Attorney Erin Majka will be presenting at ICLE's 59th Annual Probate and Estate Planning Institute. Her presentation will be an introduction to PACE and the MI Choice Waiver program including snap shot date, timing of the application and other unique issues with these programs. To register for the Institute visit www.icle.org.
- [Protecting Your Assets and Maintaining Control](https://mielderlaw.com/events/protecting-your-assets-and-maintaining-control/) - Join us at the Chesaning Nursing Home & Rehabilitation for a speaking with Attorneys Valerie Kutz-Otway and Susan Chalgian. They will be discussing the following topics: Estate planning During your lifetime - Durable Powers of Attorney - Patient Advocate Designations/Advance Directives After You're Gone - Wills and Trusts - Beneficiary Designations - Joint Ownership - Real Property
- [ASXL Conference: Overview of Special Needs Planning](https://mielderlaw.com/events/asxl-conference-overview-of-special-needs-planning/) - Attorney Sara Schimke will provide an overview of special needs planning at the ARRE Foundation's 2019 ASXL Conference. To find more information and register for this program, go to: https://www.arrefoundation.org/2019-asxl-conference
- [Trustee Selection and Asset Protection Planning](https://mielderlaw.com/events/trustee-selection-and-asset-protection-planning/) - Attorney Susan Chalgian will present on "Trustee Selection and Asset Protection Planning" during a Halfmoon Education Seminar. She will cover the following topics: The role of the trustee Factors for trustee selection Integrating asset protection with estate planning To register for this event, please go to https://www.halfmoonseminars.org/
- [Medicaid Planning & Strategies](https://mielderlaw.com/events/medicaid-planning-strategies/) - Attorney Susan Chalgian and Joelle Gurnoe-Adams will speak about Medicaid Planning at Sigma Financial Corporation.
- [DPOAs, Guardianships, and Conservatorships](https://mielderlaw.com/events/dpoas-guardianships-and-conservatorships/) - Attorney Valerie Kutz-Otway will discuss Durable Powers of Attorney, Guardianships, and Conservatorships at A&D Homecare's monthly meeting. This is a private event for staff.
- [Disability Network of Mid-Michigan- Supportive Decision Making](https://mielderlaw.com/events/disability-network-of-mid-michigan-supportive-decision-making/) - Attorney Valerie Kitz-Otway will be presenting on Supportive Decision Making at Disability Network of Mid Michigan. If you would like to attend contact Matthew Ivan at (989) 835-4041 Ext 227
- [Elder Law - Aging in Michigan - Clare](https://mielderlaw.com/events/elder-law-aging-in-michigan-clare/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [Caregiver Appreciation Day](https://mielderlaw.com/events/caregiver-appreciation-day/) - Attorney Susie Chalgian will be speaking about Estate Planning at the Ionia County Commission on Aging "Caregiver Appreciation Day."
- [What's New with Medicare & Overall Update](https://mielderlaw.com/events/whats-new-with-medicare-overall-update/) - Attorney Christopher Smith will be presenting to the West Oakland Small Practitioners Group, MICPA Endorsed and Supported, an Educational Conference. He will be presenting What's New with Medicare and Overall update: Solving the Medicare puzzle will be addressed including updated changes in the program, upcoming open enrollment, and 2019 Income Adjustments. The Medicare Interactive Booklet
- [Probate Litigation Update](https://mielderlaw.com/events/probate-litigation-update/) - Attorney Douglas Chalgian will be giving a Probate Litigation Update at the 2019 Fall Elder Law & Disability Rights Conference and Annual Meeting at Crystal Mountain Resort. For More information and to register on line go to hhtps://www.eiseverywhere.com/elder2019
- [Let's Talk About It- Medicaid and Long Term Care Planning- Jackson](https://mielderlaw.com/events/lets-talk-about-it-medicaid-and-long-term-care-planning-jackson/) - Join attorneys David Shaltz and Amy Tripp and other members of the C&T Medicaid planning team for an informative event about changes in Medicaid and Long Term Care Planning in Michigan. There is no cost to attend this event. Medicaid and Long Term Care Update The Hegadorn Decision and the future of SBO trusts. The
- [Let's Talk About It- Medicaid and Long-Term Care Update- Southfield](https://mielderlaw.com/events/lets-talk-about-it-medicaid-and-long-term-care-update-southfield/) - Join attorneys David Shaltz and Sara Schimke and other members of the C&T Medicaid planning team for an informative event about changes in Medicaid and Long Term Care Planning in Michigan. There is no cost to attend this event. Medicaid and Long Term Care Update The Hegadorn Decision and the future of SBO trusts. The
- [Michigan's New Directed and Divided Trust Laws:  What Do They Mean For The Elder and Special Needs Attorneys](https://mielderlaw.com/events/michigans-new-directed-and-divided-trust-laws-what-do-they-mean-for-the-elder-and-special-needs-attorneys/) - Attorney Christopher Smith with be presenting at the 2019 Fall Elder Law & Disability Rights Conference and Annual Meeting at Crystal Mountain Resorts. For More information on this conference go to https://www.eisevrywhere.com/elder2019
- [Case Management 201:  Tips and Tools for Attorneys, Trustees, and Caregivers](https://mielderlaw.com/events/case-management-201-tips-and-tools-for-attorneys-trustees-and-caregivers/) - Housing & Resource Advocate, Carrie Alexander and National Master Guardian, John Fusik will be presenting at the 2019 Fall Elder Law & Disability Rights Conference and Annual Meeting at Crystal Mountain. To learn more information and register go to: https://www.eiseverywhere.com/elder2019
- [A Practical Guide to MDHHS Administrative Hearings](https://mielderlaw.com/events/a-practical-guide-to-mdhhs-administrative-hearings/) - Attorney David Shaltz will be presenting at the 2019 Fall Elder Law & Disability Rights Conference and Annual Meeting at Crystal Mountain Resort. To learn more information and register go to https://www.eiseverywhere.com/elder2019
- [Elder Law - Aging in Michigan - Port Huron](https://mielderlaw.com/events/elder-law-aging-in-michigan-port-huron/) - If you are a professional working with the aging population and are helping clients and their families plan, this is for you. Topics included surrogate decision making, navigating long term care systems & supports, protection of vulnerable adults and the ever popular, in depth Medicaid basics, planning & application procedure section.
- [Mastering Elder Abuse Civil Remedies](https://mielderlaw.com/events/mastering-elder-abuse-civil-remedies/) - Doug Chalgian will be part of a breakout session during the NAELA 2019 Summit in Washington, DC. While acts of elder abuse may fall under various criminal statutes, elder law attorneys are uniquely positioned to deploy civil legal strategies to mitigate the effects of abuse and help older adults attain the remedies they seek. Come
- [Special Needs Trust Changes](https://mielderlaw.com/events/special-needs-trust-changes/) - Attorney Sara Schimke will be presenting at the Wayne County Probate Bar Association February meeting on the changes to Special Needs Trust. For more information and to register visit their website at http://www.wcpba.org
- [Questions About Your Retirement-Panel Discussion](https://mielderlaw.com/events/questions-about-your-retirement-panel-discussion/) - Attorney Michelle Lane will be part of a panel discussion about Retirement at Burcham Hills. She will be joined by representatives from Burcham Hills, 2 Men and a Truck, Advance Care Planning and Wind Beneath Your Wings Home Care. To RSVP contact Burcham Hills at 517-827-0362
- [PACE Program- Webinar](https://mielderlaw.com/events/pace-program-webinar/) - Attorney Erin Majka will be doing a webinar for the Elder Law and Disability Rights Section of the State Bar on the PACE program. This webinar is only open to ELDERS/State bar members. To register go to https://attendee.gotowebinar.com/register/8768323057514517259
- [NBI- Estate Administration from Start to Finish](https://mielderlaw.com/events/nbi-estate-administration-from-start-to-finish/) - Attorney Valerie Kutz-Otway will be presenting part of this NBI program. She will be presenting on Marshalling Assets and Handling Creditor Claims and Debt and Complex Issues in Estate Administration. This is part of an all day program, to register contact NBI at www.nbi-sems.com
- [Introduction to Estate Planning](https://mielderlaw.com/events/introduction-to-estate-planning-2/) - Attorney Valerie Kutz-Otway will speak at the Saginaw Parkinson's Support Group about estate planning, why it's important and what type of documents you may need.
- [Medicaid Planning for Long Term Care](https://mielderlaw.com/events/medicaid-planning-for-long-term-care/) - Doug Chalgian will be speaking about Medicaid Planning for Long Term Care at the National Association of Tax Professionals (Michigan Chapter) May Convention in Grand Rapids. To register for this event, go to https://minatp.org/
- [LTC Medicaid and the Community Spouse](https://mielderlaw.com/events/ltc-medicaid-and-the-community-spouse/) - Please join us at the Jackson Department on Aging as Amy Tripp discusses Long Term Care Medicaid planning and the spouse living at home. Please RSVP to Lisa Brand at (517) 768-8658 by Monday, March 25.
- [Elder Abuse Task Force](https://mielderlaw.com/events/elder-abuse-task-force/) - Attorney Christopher Smith will be presenting on the Elder Abuse Task Force at the 18th Annual Elder Law and Disability Rights Section of the State Bar of Michigan Spring Conference. To register and for more information visit http://connect.michbar.org/elderlaw/home
- [Probate Litigation-New Discovery Rules](https://mielderlaw.com/events/probate-litigation-new-discovery-rules/) - Attorney Douglas Chalgian will be presenting at the 18th Annual Spring Conference of the Elder Law and Disability Rights Section of the State Bar of Michigan. He will be co presenting with Attorney Harley Manela on Probate Litigation and The New Discovery Rules. For more information and to register visit http://connect.michbar.org/elderlaw/home

## Attorneys

- [Christopher W. Smith](https://mielderlaw.com/attorneys/christopher-w-smith/) - About Christopher Christopher W. Smith concentrates his practice on special needs planning, elder law, and estate planning. Having a sister with Down Syndrome, Christopher has a lifelong passion for special needs issues and has extended that passion to elder advocacy. Christopher is the former Chair of the Elder Law and Disability Rights Section for the
- [Amy R. Tripp](https://mielderlaw.com/attorneys/amy-r-tripp/) - About Amy Amy’s first experience with Elder Law came as she assisted her great-grandmother with decisions regarding long term care placement. As a young attorney and grandchild, Amy’s eyes were opened to the challenges families face when dealing with the complex, emotional, legal, and financial issues of planning for long term care. Since then, Amy
- [Elizabeth S. Graziano](https://mielderlaw.com/attorneys/elizabeth-s-graziano/)
- [James P. Spica](https://mielderlaw.com/attorneys/about-jim/) - About Jim Jim is both a practitioner and a scholar. His private client practice focuses on estate planning for high net worth individuals. But much of his practice is devoted to representing and advising other professionals and institutions, in Michigan and elsewhere, with respect to complex trust planning and litigation. Among his professional colleagues, Jim
- [A. Michelle Lane](https://mielderlaw.com/attorneys/a-michelle-lane/) - About Michelle Michelle Lane is a graduate of Ohio Northern University and the University of Toledo College of Law and is admitted to practice in Michigan and Ohio. She is a member of the Probate and Estate Planning Section, the Elder Law and Disability Rights Section, and the Religious Liberty Law Section of the Michigan
- [Susan L. Chalgian](https://mielderlaw.com/attorneys/susan-l-chalgian/) - About Susan Susan L. Chalgian concentrates her practice in the areas of elder law, probate litigation, estate planning, and special needs planning. She is the current Chair of the Elder Law and Disability Rights Section, a current Council member for the Probate and Estate Planning Section, and a past President of the Women Lawyers Association
- [Timothy Ehlert](https://mielderlaw.com/attorneys/timothy-ehlert/) - About Timothy Ehlert Timothy Ehlert is a graduate of Western Michigan Thomas Cooley Law School. Timothy graduated cum laude, with a concentration in Business Transactions. Prior to joining Chalgian & Tripp, Timothy spent 20 years with a prominent title company located in Ann Arbor, Michigan, with his last six years serving as the company’s attorney
- [Rachel L. Zapczynski](https://mielderlaw.com/attorneys/rachel-zapczynski/) - About Rachel Rachel Zapczynski earned her undergraduate degree at the University of Michigan and her law degree from Thomas M. Cooley Law School. Prior to becoming a lawyer, Rachel worked as a legal clerk for Chalgian & Tripp Law Offices. She now focuses her practice in the areas of estate planning and special needs planning.
- [Phillip E. Harter](https://mielderlaw.com/attorneys/phillip-e-harter/) - About Phillip After 26 years as Calhoun County Probate Court Judge, Phillip Harter joined Chalgian & Tripp as ‘of counsel’ where he practices in probate, estate planning, and mediation of contested probate matters. Mr. Harter is a lifelong Battle Creek resident and he and his wife Mary Pat have three children. Attorney Harter has been involved
- [Jill Koney Daly](https://mielderlaw.com/attorneys/jill-koney-daly/) - About Jill Jill Daly practices in the area of estate and trust administration. Before joining Chalgian and Tripp, Attorney Daly worked in the Oakland County Probate Court for almost 30 years and served as the Probate Register for the last Eleven years. She is a frequent speaker at community organizations and professional conferences. In 2009,
- [Gina T. Danetti](https://mielderlaw.com/attorneys/gina-danetti/) - Gina T. Danetti practices in the areas of Estate Planning and Long-Term Care Medicaid planning. Ms. Danetti is licensed in both Michigan and New York and practiced elder law for 20 years in New York before moving to Michigan. Prior to practicing law, Ms. Danetti worked as a disability counselor, assisting individuals with traumatic and
- [David L. Smith](https://mielderlaw.com/attorneys/david-smith/) - David L. Smith, JD is a graduate of Wayne State University Law School and has been helping clients and their families since 1967. He has years of experience and knowledge, including designing and presenting pre-retirement seminars for the Ford Motor Company. David concentrates his practice on elder law, elder care planning, estate planning and estate
- [David L. Shaltz](https://mielderlaw.com/attorneys/david-shaltz/) - About David David Shaltz began his legal career more than 40 years ago as a VISTA volunteer at the Greater Lansing Legal Aid Bureau. Before joining Chalgian & Tripp Law Offices in 2010, David’s background included representing low-income Michigan citizens as a legal services attorney, advocating for residential customers of Michigan utility companies as a
- [R. Drummond Black](https://mielderlaw.com/attorneys/drummond-black/) - About Drummond A graduate of Purdue University and the University of Michigan Law School, Drummond Black has been advising clients in the areas of estate planning, probate, elder law and real estate for almost 40 years. He began his legal career in Ann Arbor and moved to Midland in 1979. He has been, and remains,
- [John Mabley](https://mielderlaw.com/attorneys/john-mabley/) - John D. Mabley, JD is a graduate of the University of Michigan and Wayne State University Law School. He is a fellow of the American College of Trust and Estate Counsel and a past chair for the Michigan chapter of that organization. He is also the former chair of the Probate and Estate Planning Section
- [Erin L. Majka](https://mielderlaw.com/attorneys/erin-majka/) - About Erin Erin Majka concentrates her practice in the areas of long term care planning, estate planning, and estate and trust administration. Erin graduated from DePaul University College of Law (magna cum laude and Order of the Coif). Before attending law school, she graduated from DePauw University. She is licensed to practice in both Illinois
- [Douglas G. Chalgian](https://mielderlaw.com/attorneys/douglas-g-chalgian/) - About Doug Attorney Douglas Chalgian is both a Fellow with the American College of Trust and Estate Counsel and is Certified in elder law by the National Elder Law Foundation. He formerly served as Chair of both the Probate and Estate Planning Section of the State Bar; as well the Elder Law and Disability Rights
- [Noel Martzolff](https://mielderlaw.com/attorneys/noel-martzolff/) - Noel Martzolff earned her undergraduate degree in Public Administration from Eastern Michigan University. Attorney Martzolff completed her law degree from Michigan State University College of Law, where she graduated cum laude. During law school, Mrs. Martzolff was the recipient of the Ida and Benjamin Alpert Foundation for Myron and Doris Alpert Endowed Scholarship in recognition
- [Jacquelyn Rygiel-Sprague](https://mielderlaw.com/attorneys/jacquelyn-rygiel-sprague/) - Chalgian and Tripp Attorney Jacquelyn Rygiel-Sprague
- [Mina Woodard](https://mielderlaw.com/attorneys/mina-woodward/)
- [Sarah L. Kirkpatrick](https://mielderlaw.com/attorneys/sarah-l-kirkpatrick/)
- [Kelli A. Nearhood](https://mielderlaw.com/attorneys/kelli-a-nearhood/) - About Kelli Attorney Kelli Nearhood earned her undergraduate degree from Michigan State University’s James Madison College, and her law degree from the University of Detroit Law School. She has been practicing in the areas of estate planning, guardianships, conservatorships and estate and trust administration for more than 20 years. Attorney Nearhood has been a lecturer
- [Anne Campau](https://mielderlaw.com/attorneys/anne-campau/) - About Anne After graduating from the University of Michigan Law School, Anne Campau returned to her hometown of Jackson to practice law, be active in the community and raise four children. When not otherwise occupied, she takes every opportunity for choral singing and trekking. Some of her accomplishments and affiliations are as follows: Current Board

## Social Workers

- [Savahanna Patrick, LBSW](https://mielderlaw.com/social-worker/savahanna-patrick-lbsw/) - Savahanna Patrick, LBSW, earned an undergraduate degree in Social Work from Eastern Michigan University in 2019. Prior to graduating, Savahanna worked with Dawn Farm Spera, Gift of Life Michigan, St. Joseph Mercy Hospital Ann Arbor, and Jewish Family Services of Washtenaw County, where she gained experience in the fields of substance abuse, loss, and healthcare
- [Megan Kiser, LBSW](https://mielderlaw.com/social-worker/megan-kiser-lbsw/) - Megan Kiser received a Bachelor of Science in Community Health Education from Eastern Washington University and became a licensed Social Worker in the state of Michigan in 2005. Megan’s career has focused on the elderly and aging population. She is passionate about programs and services that meet the needs of seniors and those with disabilities.
- [Nicolette Stoutenburg](https://mielderlaw.com/social-worker/nicolette-stoutenburg/) - Nicolette Stoutenburg, LBSW, brings a wealth of experience in both aging and mental health to the clients she works with. Prior to joining Chalgian and Tripp, Ms. Stoutenburg worked as a case manager with Community Mental Health and as the Director of Social Services for a sub-acute rehab facility. In her role with Chalgian and
- [Carrie Alexander, Case Manager/Housing & Resource Advocate](https://mielderlaw.com/social-worker/carrie-alexander-housing-resource-advocate/) - Prior to joining Chalgian and Tripp, Carrie Alexander worked at the Community Housing Network covering the Metro Detroit area. Ms. Alexander’s position at CHN included acting as Trust Administrator for the Springhill Housing Pooled Accounts Trust, one of the largest pooled accounts trusts in Michigan. “Pooled trusts” are used to allow persons with disabilities to
- [Stephanie Stevenson, LMSW](https://mielderlaw.com/social-worker/stephanie-stevenson-lmsw/) - Steph Stevenson is a Licensed Master Social Worker (LMSW). She earned her bachelor’s degree in social work from Central Michigan University in 1980 and her master’s degree in social work from the University of Michigan in 2004. Before joining Chalgian and Tripp, Steph had a wide variety of experiences in social work, including many years

## In The News

- [James Spica Featured on ACTEC Trust Estate Talk Podcast](https://mielderlaw.com/in-the-news/james-spica-featured-on-actec-trust-estate-talk-podcast/) - Podcast "Conflict of Laws and Relation-Back of Powers of Appointment" Featuring ACTEC Fellow James P. Spica (Recorded December 2021) Link to Podcast - https://actecfoundation.org/podcasts/conflict-of-laws-and-relation-back-of-powers-of-appointment/
- [2022 Top Lawyers Trust and Estates by Dbusiness](https://mielderlaw.com/in-the-news/2022-top-lawyers-trust-and-estates-by-dbusiness/) - James "Jim" Spica and John Mabley were awarded Top Lawyers in Trust and Estates by Dbusiness in 2022.
- [Joelle Gurnoe-Adams elected to the PAIMI and DRM Advisory Council](https://mielderlaw.com/in-the-news/joelle-gurnoe-adams-elected-to-the-paimi-and-drm-advisory-council/) - Congratulation to Attorney Joelle Gurnoe-Adams for being elected to the Advisory Council for Protection and Advocacy of Individuals with Mental Illness (PAIMI) and Disability Rights Michigan (DRM). To learn more about this advocacy group go to www.drmich.org
- [2021 C&T Super Lawyers](https://mielderlaw.com/in-the-news/12057/)
- [Ernscie Augustin is elected to the ICBA Board of Directors.](https://mielderlaw.com/in-the-news/ernscie-augustin-is-elected-to-the-icba-board-of-directors/) - Ernscie was elected to the Ingham County Bar Association Bar of Directors at the Annual Meeting & Shrimp Dinner Alternative. The ICBA is a voluntary nonprofit, professional association of lawyers, judges, and law students serving the greater Lansing area.
- [Susie Chalgian is selected by Michigan Lawyer Weekly, "Up and Coming Lawyers" Class of 2021](https://mielderlaw.com/in-the-news/susie-chalgian-is-selected-by-michigan-lawyer-weekly-up-and-coming-lawyers-class-of-2021/) - We are proud to announce that Susan Chalgian was one of 25 lawyers in the state of Michigan selected by Michigan Lawyers Weekly in their “Up & Coming Lawyers” Class of 2021. This program honors Michigan lawyers who have established a name for themselves by displaying the ambition, drive and accomplishments that set them apart
- [Michelle Lanes receives the Camille S. Abood Distinguished Volunteer Award](https://mielderlaw.com/in-the-news/michelle-lanes-receives-the-camille-s-abood-distinguished-volunteer-award/) - Michelle Lane received was honored by the Ingham County Bar Association with the Camille S. Abood Distinguished Volunteer Award. Michelle is a tireless community volunteer and well deserving of this award.
- [Ernscie Augustin Awarded with The Davis Dunnings Bar Association 2020 Presidents Award](https://mielderlaw.com/in-the-news/ernscie-augustin-awarded-with-the-davis-dunnings-bar-association-2020-presidents-award/) - The Davis Dunnings Bar Association awarded Attorney Ernscie Augustin with the 2020 Presidents Award at the Annual Meeting held on June 3, 2020. The Presidents Award is presented to an attorney that has dedicated time, commitment, and hard work for the advancement of the organization. Ms. Augustin was also nominated as Vice President of the
- [Dan Hilker Recognized as a Rising Star](https://mielderlaw.com/in-the-news/dan-hilker-recognized-as-a-rising-star/) - At C&T we are very privileged to have award-winning attorneys in our company. It is the beginning of award session and we would like to start by recognizing our first Rising Star winner, Congratulations Dan Hilker.
- [Susan Chalgian is awarded Rising Star](https://mielderlaw.com/in-the-news/susan-chalgian-is-awarded-rising-star/) - Congratulation to our Rising Star, Susan Chalgian.
- [Valerie Kutz-Otway named Rising Star](https://mielderlaw.com/in-the-news/valerie-kutz-otway-named-rising-star/) - Congratulations to our Saginaw Rising Star, Valerie Kutz-Otway.
- [Fred Rolf is recognized by Super Lawyers Magazine](https://mielderlaw.com/in-the-news/fred-rolf-is-recognized-by-super-lawyers-magazine/) - Congrats to Fred Rolf in our Midland office for being recognized by Super Lawyers for his expertise in the subject of Estate and Probate Law. No surprise here!
- [Dave Shaltz listed in Super Lawyers Magazine](https://mielderlaw.com/in-the-news/dave-shaltz-listed-in-super-lawyers-magazine/) - Congratulations to Dave Shaltz in our East Lansing office for being recognized by Super Lawyers for his work in the area of Elder Law. And we say: “Super” doesn’t begin to describe David!
- [John Mabley is recognized by both Super Lawyers and Best Lawyers Magazines](https://mielderlaw.com/in-the-news/john-mabley-is-recognized-by-both-super-lawyers-and-best-lawyers-magazines/) - Double the Love. As we continue to share recent honors given to CT attorneys, today we turn to John Mabley. John, who practices out of our Southfield office, has been recognized as top notch by Super Lawyer for his work in Estate and Probate and Best Lawyers Magazine for his work in Trust and Estates.
- [Ann Campau elected as Jackson Area Estate Planning Council Board Member](https://mielderlaw.com/in-the-news/ann-campau-elected-as-jackson-area-estate-planning-council-board-member/) - Pleased to announce that our own Anne Campau has been elected as a Board Member of the Jackson Area Estate Planning Council.
- [Jim Spica Recognized by Super Lawyers and Best Lawyers Magazines](https://mielderlaw.com/in-the-news/jim-spica-recognized-by-super-lawyers-and-best-lawyers-magazines/) - Congratulations Jim! James “Jim” Spica, who practices out of our Southfield office, has been recognized as a top notch attorney by both Super Lawyer and Best Lawyers. Jim Spica is recognized by Super Lawyer in Estate and Probate Planning, and Best Lawyer in Litigation in Trust and Estate and Trust and Estate Planning.
- [Ernscie Augustin's Profile Highlighted in MSU Alumni Article](https://mielderlaw.com/in-the-news/ernscie-augustins-profile-highlighted-in-msu-alumni-article/) - Click here to read a really nice profile highlighting MSU alumni and CT attorney Ernscie Augustin http://law.msu.edu/about-msu-law/alumni-profiles/profile-pages/augustin-erscie.html?fbclid=IwAR2WDTHK0KMz8geWlS1wMpAbaNVeKw6p9_Wd0IDZua4rpQxAUh4IUf-B8T0
- [Jon Bos is Recognized by Super Lawyers, Best Lawyers, and Lawyer of the Year for 2021](https://mielderlaw.com/in-the-news/jon-bos-is-recognized-by-super-lawyers-best-lawyers-and-lawyer-of-the-year-for-2021/) - Best for 2021. The awards continue for CT attorneys. John Bos, who practices out of our East Lansing office, was picked as the 2021 Lawyer of the Year in the Lansing area for Litigation in Trust and Estate. In addition John is again selected as a Super Lawyer in Estate Planning and Probate, and by
- [Doug Chalgian is Recognized by Super Lawyers, Best Lawyers, Top 100 Lawyers in Michigan, and Lawyer of the Year](https://mielderlaw.com/in-the-news/doug-chalgian-is-recognized-by-super-lawyers-best-lawyers-top-100-lawyers-in-michigan-and-lawyer-of-the-year/) - Congratulations are in order for Douglas Chalgian. He has been recognized with several awards. Doug is recognized by Super Lawyers in Estate and Trust Litigation and again as one of the Top 100 Lawyers in Michigan. He is also recognized as a Best Lawyer in Trust and Estate Litigation, Trust and Estate Planning and was
- [C&T Welcomes Elizabeth (Liz) Graziano to Ann Arbor Office](https://mielderlaw.com/in-the-news/ct-welcomes-elizabeth-liz-graziano-to-ann-arbor-office/) - C&T welcomes Elizabeth (Liz) Graziano to our Ann Arbor office. Liz was born in Wisconsin and has been an Ann Arbor resident for the past 30 years. She began her professional career as a registered nurse, although she was content, she felt the desire for more. Liz returned to school and earned her JD degree,
- [Amy Tripp is Recognized by Super Lawyers, Best Lawyers, Top 100 Lawyers in Michigan, and Top 50 Women Lawyers in Michigan](https://mielderlaw.com/in-the-news/amy-tripp-is-recognized-by-super-lawyers-best-lawyers-top-100-lawyers-in-michigan-and-top-50-women-lawyers-in-michigan/) - Congratulations are in order for Amy Tripp. She has been recognized with several awards. Amy is recognized by Super Lawyers in Elder Law, Top 100 Lawyers in Michigan and Top 50 Women Lawyers in Michigan since 2016. She is also recognized for being a Best Lawyer in Elder Law.
- [Joe Weiler Elected President of the Michigan Chapter of the NAELA](https://mielderlaw.com/in-the-news/joe-weiler-elected-president-of-the-michigan-chapter-of-the-naela/) - Very pleased to announce that CT attorney Joe Weiler has been elected President of the Michigan Chapter of The National Academy of Elder Law Attorneys (NAELA). Joe is an exceptionally skilled and dedicated elder law attorney. This election reflects his well-deserved recognition as one of the State’s best. NAELA is an association of attorneys dedicated
- [Attorney Ernscie Augustin Elected to Board of Directors for the Ingham County Bar Association Young Lawyers Section](https://mielderlaw.com/in-the-news/attorney-ernscie-augustin-elected-to-board-of-directors-for-the-ingham-county-bar-association-young-lawyers-section/) - Proud to announce that Attorney Ernscie Augustin was elected to the Board of Directors for the Ingham County Bar Association Young Lawyers Section (ICBA-YLS). The ICBA-YLS seeks to further the educational and professional advancement of young lawyers by providing educational, networking, and social events which will assist young lawyers in Ingham County.
- [David Shaltz listed in Super Lawyer and Leading Lawyer Magazine](https://mielderlaw.com/in-the-news/david-shaltz-is-listed-in-super-lawyer-and-leading-lawyer-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney David Shaltz has been listed in Super Lawyers Magazine for the 4th year in a row and Leading Lawyer Magazine for the 3rd year in a row. Attorney Shaltz is a long-time resident of Holt and works primarily out of our East Lansing office.
- [John Mabley Recognized in Super Lawyers and The Best Lawyers in America®](https://mielderlaw.com/in-the-news/john-mabley-is-recognized-in-super-lawyers-and-the-best-lawyers-in-america/) - Chalgian & Tripp Law Offices is proud to announce that Grosse Pointe Farms resident John Mabley has been recognized in both Super Lawyers Magazine and The Best Lawyers in America®. Attorney Mabley was listed in the categories of Litigation Trusts & Estates and Trusts & Estates by The Best Lawyers in America. He has been
- [Christopher Smith Listed in Super Lawyers Magazine](https://mielderlaw.com/in-the-news/christopher-smith-is-listed-in-super-lawyers-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney Christopher Smith has been listed in the Rising Star section of Super Lawyers Magazine. Attorney Smith is a resident of Royal Oak and works in the Southfield office for Chalgian & Tripp Law Offices. Mr. Smith was first listed in the Rising Star section
- [John Bos selected as one of The Best Lawyers in America®](https://mielderlaw.com/in-the-news/john-bos-is-selected-as-one-of-the-best-lawyers-in-america/) - John is listed by The Best Lawyers in America® for Elder Law, Trusts & Estates and Litigation – Trusts & Estates. He has been honored by Best Lawyers since 1995. John works primarily out of our East Lansing office.
- [John Bos Recognized in Leading Lawyers magazine](https://mielderlaw.com/in-the-news/john-bos-is-recognized-in-super-lawyers-leading-lawyers-and-the-best-lawyers-in-america/) - Attorney Bos was selected in the categories of “Elder Law” and “Trust and Will & Estate Planning Law” by Leading Lawyers magazine, as well as to serve as an advisory board member for the publication. John works primarily out of our East Lansing office.
- [Doug Chalgian Recognized by Leading Lawyers Magazine](https://mielderlaw.com/in-the-news/doug-chalgian-has-been-named-2018-lawyer-of-the-year-in-the-category-of-elder-law-by-the-best-lawyers-in-america/) - Doug Chalgian has been selected as a Leading Lawyer, by Leading Lawyers Magazine in the categories of “Elder Law” and “Trust and Will & Estate Planning Law,” and was chosen to serve as an advisory board member for the publication. Doug works primarily out of our East Lansing office.
- [David Shaltz listed in Super Lawyers Magazine](https://mielderlaw.com/in-the-news/david-shaltz-is-listed-in-super-lawyers-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney David Shaltz has been listed in Super Lawyers Magazine. Attorney Shaltz is a long-time resident of Holt and this is his second year in a row of recognition in the magazine. David works primarily out of our East Lansing office.
- [Amy Tripp Recognized in Leading Lawyers Magazine](https://mielderlaw.com/in-the-news/amy-tripp-is-recognized-in-leading-lawyers-magazine/) - Leading Lawyers magazine selected Ms. Tripp for inclusion in the categories of “Elder Law” and “Trust and Will & Estate Planning Law,” as well as to serve as an advisory board member for the publication. Amy works primarily out of our Jackson office.
- [Amy Tripp selected as one of The Best Lawyers in America®](https://mielderlaw.com/in-the-news/ms-tripp-selected-as-one-of-the-best-lawyers-in-america/) - Ms. Tripp was selected as one of The Best Lawyers in America® in the category of Elder Law. Amy works primarily out of our Jackson office.
- [Amy Tripp Named Top 50 Women Lawyers](https://mielderlaw.com/in-the-news/attorney-amy-tripp-is-top-50-women-lawyers-and-more/) - Attorney Amy Tripp was named one of the top 50 Women Lawyers in Michigan by Super Lawyers, which also named her one of Michigan’s overall top 100 Lawyers. This is the second time Ms. Tripp has been recognized as one of the Top 50 Women Lawyers in Michigan. Amy works primarily out of our Jackson
- [Doug Chalgian named 2018 “Lawyer of the Year” by The Best Lawyers in America®](https://mielderlaw.com/in-the-news/doug-chalgian-name-2018-lawyer-of-the-year-by-the-best-lawyers-in-america/) - Doug Chalgian has been named 2018 “Lawyer of the Year” in the category of Elder Law by The Best Lawyers in America®. The same organization selected Mr. Chalgian for recognition in the categories of Trusts & Estates and Litigation – Trusts & Estates. Doug works primarily out of our East Lansing office.
- [Sara Schimke named in MI Lawyer's Weekly 2018 Up & Coming Lawyers](https://mielderlaw.com/in-the-news/sara-schimke-named-in-mi-lawyers-weekly-up-coming-lawyers/) - Attorney Sara Schimke was named as a 2018 "Up & Coming Lawyer" by Michigan Lawyer's Weekly. The Honorees were selected by a committee based on who have established a name for themselves, go above and beyond, and display the ambition, drive, determination and accomplishments that set them apart among their peers — in their first 10
- [Attorney Carmencita Fulgado-Taylor Elected as Vice President of the Jackson Area Estate Planning Council](https://mielderlaw.com/in-the-news/attorney-carmencita-fulgado-taylor-elected-as-vice-president-of-the-jackson-area-estate-planning-council/) - Attorney Carmencita Fulgado-Taylor was elected as the incoming Vice President of the Jackson Area Estate Planning Council (JAEPC). She will serve on the board starting in September 2019 through May 2020. The purpose of the JAEPC is to promote effective communication among professionals employed in the broad field of financial and estate planning; their objective
- [Attorney Susan Chalgian Sworn in as Secretary for Women Lawyer's Association of Michigan](https://mielderlaw.com/in-the-news/attorney-susan-chalgian-sworn-in-as-secretary-for-women-lawyers-association-of-michigan/) - Attorney Susan Chalgian was sworn in as the Secretary for the Women Lawyer’s Association of Michigan (WLAM) at the organization’s Annual Meeting in Traverse City on May 3, 2019. WLAM was founded in 1919. Among its mission objectives are: “to secure the rights of women in society and advance the interests of women members of
- [Advocate: Attorney specializes in elder law, special needs planning](https://mielderlaw.com/in-the-news/advocate-attorney-specializes-in-elder-law-special-needs-planning/) - By Sheila Pursglove, Detroit Legal News The son of an elected prosecutor, Chris Smith as a boy would frequently walk to the nearby courthouse after school to view the action in the courtroom. “Even though the practice of law has changed greatly, I still hold this nostalgic view towards it,” he says. An attorney in
- [CT Client wins in Court of Appeals](https://mielderlaw.com/in-the-news/ct-client-wins-in-court-of-appeals/) - Chalgian and Tripp represented the Trustee of a Trust created by Margaret Krum. When Ms. Krum died, two children who were cut out of the trust contested the validity of the trust. They claimed that their mother lacked capacity to create the trust and that she was unduly influenced. After discovery was closed, the contesting
- [Attorney Chris Smith elected to the Special Needs Alliance Board of Directors](https://mielderlaw.com/in-the-news/attorney-chris-smith-elected-to-the-special-needs-alliance-board-of-directors/) - Chalgian and Tripp is pleased to announce that Attorney Chris Smith has been elected to the Board of Directors of the Special Needs Alliance. The SNA is a national organization of lawyers committed to helping individuals with special needs and their families. Attorney Smith has a personal passion for special needs planning, and focuses his
- [Ingham County Legal News: East Lansing firm garners 21 honors](https://mielderlaw.com/in-the-news/east-lansing-firm-garners-21-honors/) - A total of 21 honors were presented to attorneys at Chalgian & Tripp Law Offices, PLLC for 2018. The following six attorneys were named as Super Lawyers for 2018 by the Michigan Super Lawyers Magazine: Douglas Chalgian, Amy Tripp, David Shaltz, John Bos, Ramon (Fred) Rolf, and John Mabley; both Doug Chalgian and Amy Tripp
- [Hard to be Humble](https://mielderlaw.com/in-the-news/many-honors-bestowed-on-ct-attorneys/) - We have much to be proud of this year! CT was selected as one of the "Best Law Firms" in both the metro Detroit and Lansing areas for 2019. We have ten lawyers recognized as Leading Lawyers by Leading Lawyers Magazine, six Super Lawyers as well as two Rising Stars selected by Super Lawyers Magazine,
- [Erin Majka elected President of the Board of Directors for Hospital Hospitality House of Southwest Michigan](https://mielderlaw.com/in-the-news/erin-majka-elected-president-of-the-board-of-directors-for-hospital-hospitality-house-of-southwest-michigan/) - Erin Majka assumed the role of President of the Board of Directors of the Hospital Hospitality House of Southwest Michigan (HHH) on January 18th, 2018. She will be starting her fourth year as a Board member at the Annual meeting that day. The HHH mission is to "make it easier for families to support their
- [Susan Chalgian elected to the Board of Directors of the Women Lawyers of Michigan, Mid-Michigan Chapter](https://mielderlaw.com/in-the-news/susan-chalgian-elected-to-the-board-of-directors-of-the-women-lawyers-of-michigan-mid-michigan-chapter/) - Proud to announce that CT Attorney Susan Chalgian was elected to the Board of Directors of the Women Lawyers of Michigan, Mid-Michigan Chapter. Susan will serve as a board member and regional director. In her role as regional director she will be attending the State meeting of WLAM and reporting on activities of the Mid-Michigan
- [Carmencita Fulgado-Taylor elected to the Jackson Area Estate Planning Council Board](https://mielderlaw.com/in-the-news/carmencita-fulgado-taylor-elected-to-the-jackson-area-estate-planning-council-board/) - Proud to announce that CT attorney Carmencita Fulgado-Taylor has been elected to the Jackson Area Estate Planning Council Board.
- [Doug Chalgian Recognized in 2017 Super Lawyers Magazine](https://mielderlaw.com/in-the-news/doug-chalgian-recognized-in-2017-super-lawyers-magazine/) - Mr. Chalgian was also named in the 2017 Super Lawyers Magazine, which also named him one of the Top 100 Lawyers in Michigan. Mr. Chalgian has been selected by Super Lawyers’ Magazine every year since 2007, and this is the fourth time he has been named one of Michigan’s Top 100 Lawyers. Doug works primarily
- [John Bos Recognized in Super Lawyers Magazine](https://mielderlaw.com/in-the-news/attorney-bos-recognized-in-super-lawyers-magazine/) - Attorney Jon Bos has been listed in Super Lawyers Magazine since 2007. John works primarily out of our East Lansing office.
- [Joseph Weiler Listed in Super Lawyers Magazine](https://mielderlaw.com/in-the-news/joseph-weiler-listed-in-super-lawyers-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney Joseph Weiler has been listed in the Rising Star section of Super Lawyers Magazine. Attorney Weiler is a resident Midland and works in the Midland office for Chalgian & Tripp Law Offices. Mr. Weiler has been listed in the Michigan Rising Stars section of
- [R. Drummond Black Recognized in Leading Lawyers Magazine](https://mielderlaw.com/in-the-news/r-drummond-black-recognized-in-leading-lawyers-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney R. Drummond Black has been recognized in Leading Lawyers Magazine. Attorney Black is the former Mayor of Midland has been practicing law for over 40 years. He also serves on the board of numerous community organizations. He was selected for inclusion in the category
- [Fred Rolf Recognized in Leading Lawyers Magazine](https://mielderlaw.com/in-the-news/fred-rolf-recognized-in-leading-lawyers-magazine/) - Chalgian & Tripp Law Offices is proud to announce that attorney Fred Rolf has been recognized in Leading Lawyers Magazine. Attorney Rolf is a long-time resident of Midland and a Fellow of both the American College of Trust and Estate Counsel (ACTEC) and the State Bar of Michigan. He was selected for inclusion in the

## Newsletters

- [Aging in Michigan- May 2022](https://mielderlaw.com/newsletter-archive/aging-in-michigan-may-2022/) - Sugar Daddy or Gold Digger? Love Litigation and Old People with Money One of the more uncomfortable things for families is when an older adult finds a new love interest and goes all in. Throw in a significant age difference, an abbreviated courting period, a substantial wealth disparity and the antennas go up fast. “Love
- [The COVID exploitation bubble](https://mielderlaw.com/newsletter-archive/the-covid-exploitation-bubble/) - At CT, we have been experiencing an increasing number of vulnerable adult financial exploitation cases for years. Lately, there seems to be a boom in these cases, seemingly as a result of the things that were going while many seniors were isolated in their homes as a result of the COVID pandemic. Isolation and alienation
- [20th Anniversary Picnic and Party](https://mielderlaw.com/newsletter-archive/20th-anniversary-picnic-and-party/) - Community Room Renovations Featured at 20th Anniversary Picnic /Party and You’re Invited! Dear Friends, Clients, and Colleagues: Please join us to celebrate the 20th Anniversary of Chalgian and Tripp Law Offices, PLLC on July 8, 2022 at our East Lansing location: 1019 Trowbridge Rd, East Lansing, MI In addition to food and good company, we
- [Schimke Leaves CT for Macomb Bench](https://mielderlaw.com/newsletter-archive/schimke-leaves-ct-for-macomb-bench/) - In April, attorney Sara Schimke was appointed Probate Judge in Macomb County by the Governor. “We lost a great lawyer, but gained a great probate judge,” said attorney Amy Tripp. “Of course we are proud of her, and of course we are all happy for her,” said Managing Attorney Valerie Kutz-Otway “but it is bittersweet.
- [Decisions, Decisions, Decisions](https://mielderlaw.com/newsletter-archive/decisions-decisions-decisions/) - Older people want to exercise autonomy in their choices, like they always have. And to the extent they can still understand the consequences of their actions, they are entitled to do so. As we often tell clients struggling with concerns about older loved ones: “Just because someone is old doesn’t mean they can’t make bad
- [Things to Consider when a parent becomes involved with a new love interest.](https://mielderlaw.com/newsletter-archive/things-to-consider-when-a-parent-becomes-involved-with-a-new-love-interest/) - Things to consider when a parent becomes involved with a new love interest. Signs that New Love Interest May Not Be Legit: Older adult has evident cognitive impairment. Significant age disparity. Love interest has a history of prior relationships with partners which relationships benefited him/her or have otherwise gone badly. Love interest monitors calls and
- [Aging in Michigan- March 2022](https://mielderlaw.com/newsletter-archive/march-2022-coming-out-of-covid/)
- [Spot Light on Social Work and Case Management](https://mielderlaw.com/newsletter-archive/spot-light-on-social-work-and-case-management/) - "It's amazing how often i find myself bringing a social worker into an initial meeting with a client, " says Attorney Sara Schimke. "It might be because someone needs help finding the right assisted living facility or hospice program, it might be because the parent involved is unwilling to listen to advice from a child,
- [Medicaid Modifies Vehicle Rule](https://mielderlaw.com/newsletter-archive/medicaid-modifies-vehicle-rule/) - Among the many rules involved in assisting clients with qualifying for long term care Medicaid assistance, is a rule that says a person who applies can have one vehicle, the value of which does not count toward the asset limit. And, accordingly, Medicaid policy defines what can be considered an "exempt" vehicle. In what may
- [COA Protects DNA in Inheritance Case](https://mielderlaw.com/newsletter-archive/coa-protects-dna-in-inheritance-case/) - A recent case from the Michigan Court of Appeals tells the story of a man who tried to claim an inheritance by proving that he was a biological child of the man who died. To prove his case, the purported son, tried to obtain DNA evidence of the decedent, but because the dead man had
- [The Story of a Vison](https://mielderlaw.com/newsletter-archive/the-story-of-a-vison/) - Adding Dan Blauw to the letterhead at CT brings more then just another highly qualified estate planner to the firm. Dan brings with him a leading role in an organization that serves a critical part of the special needs community. As administrator of the Hope Network Foundation's Pool Account Trust. Dan oversees trust accounts for
- [Amanda White Joins CT Saginaw-Midland Team](https://mielderlaw.com/newsletter-archive/amanda-white-joins-ct-saginaw-midland-team/) - Before joining Chalgian and Tripp, Attorney Amanda White was a staff attorney with Legal Services of South-Central Michigan. Attorney White is a graduate of Western Michigan University Cooley Law School from which she earned her Juris Doctorate as well as an advanced degree in family law practice. Prior to law school, Ms. White earned her
- [CT Office Number 9 Opens in Grand Rapids](https://mielderlaw.com/newsletter-archive/ct-office-number-9-opens-in-grand-rapids/) - It's been a nagging question for years: Why doesn't CT have an office in Grand Rapids? As of March 1, 2022, CT has a Grand Rapids office located at 2040 Raybrook St, SE, Grand Rapids, MI 49546. "We couldn't be happier with the team we've gathered to launch our new adventure," said Susan Chalgian. Dan
- [Aging in Michigan- December 2021](https://mielderlaw.com/newsletter-archive/aging-in-michigan-december-2021/)
- [Shocking Stats About Getting Old](https://mielderlaw.com/newsletter-archive/shocking-stats-about-getting-old/) - Less than one in a thousand people pay and federal estate tax (aka "death tax"), when they die. One time, less then one in 10 managed investment funds perform as well as an index fund. That means if you follow the advice of these experts 90% of the time you will do worse then if
- [Where Do We Go From Here?](https://mielderlaw.com/newsletter-archive/where-do-we-go-from-here/) - 19 years A lot of laughs, a lot of stress, a lot of arguments, a lot of work. A lot of work. But we never saw this coming. How could we have? When we started, nothing like what CT has become existed. and there still isn't any law firm like us. Not in Michigan. Not
- [Putting the Puzzle Together: The Basics of Planning for Long Term Care](https://mielderlaw.com/newsletter-archive/putting-the-puzzle-together-the-basics-of-planning-for-long-term-care/) - This becomes a topic when someone you know or love can no longer safety care for themselves. And while this could be because of physical impairment, more often then not the reason has to do, at least in part, with a mental decline. Call it "dementia" or "Alzheimer's" or whatever you chose, but most situations in which
- [Honors, Awards and Leadership Most of All](https://mielderlaw.com/newsletter-archive/honors-awards-and-leadership-most-of-all/) - This year, as in all years past, many CT Lawyers were named "Super Lawyers," Best Lawyers," "Leading Lawyers," "Lawyers of the Year," and given many other accolades too numerous to be list here, (without boring you to death). And Since we can't get to everyone, and since leadership is the hallmark of CT, we do
- [CT Reindeer Fly](https://mielderlaw.com/newsletter-archive/ct-reindeer-fly/) - CT folks are out and about this holiday season delivering cuddly CT "the loveable law firm" reindeer to assisted living facilities and nursing homes all across our great state. "It's a tough time to be shut in and isolated, this is the least we could do," says CT Social Worker Megan Kiser.
- [CT Announces No New Offices](https://mielderlaw.com/newsletter-archive/ct-announces-no-new-offices/) - During the pandemic, CT has added no new offices, making probably the longest stretch of time that has been true since the firm started. "No reason for concern," says attorney Amy Tripp. "All of our 8 current offices have remained very busy. However with the extra challenges and concern that came with COVID, we simply
- [Live Ce's are Back](https://mielderlaw.com/newsletter-archive/live-ces-are-back/) - CT educational programming is happening again, in person and remotely. "We have such a nice time getting out of the office and talking to and with our colleagues in the aging industry," says Attorney Susan Chalgian. " I often feel like I lean more from the attendees then they do learn from me." For a
- [CT Adds Another Nice Person (who happens to practice law)](https://mielderlaw.com/newsletter-archive/ct-adds-another-nice-person-who-happens-to-practice-law/) - CT is please to announce the addition of Attorney Kelli Nearhood. Attorney Nearhood is a graduate of Michigan State University and the Detroit College of Law. Ms. Nearhood's practice focuses on estate and trust administration. She practices primarily in out of our Southfield Office, but with all CT lawyers, works with clients statewide.
- [Aging In Michigan- February 2021](https://mielderlaw.com/newsletter-archive/aging-in-michigan-february-2021/) - CT Sends Love and Valentine Bears to Isolated Elders in Long Term Care When we decided to order Valentine’s Day Bears for people in long term care facilities, we had no idea the kind of response we would get. Thanks so much to all our friends in the aging industry who helped us find good homes
- [CT Adds Social Worker](https://mielderlaw.com/newsletter-archive/ct-adds-social-worker/) - Jennifer Schneller has joined the CT Social Work and Case Management department. Ms. Schneller earned her Social Work degree from Saginaw Valley State University. Since becoming a licensed Social Worker, Ms. Schneller has worked with the elderly and persons with disabilities, including several years as a clinical supervisor and case manager with the MI Choice
- [CT Welcomes New Lawyer](https://mielderlaw.com/newsletter-archive/ct-welcomes-new-lawyer/) - We are pleased to welcome yet another promising young attorney to the CT Team. Jamia Davis is a graduate of the Thomas M. Cooley Law School, licensed to practice law in Michigan. Her undergraduate degree is from Michigan State University in political science. Ms. Davis was appointed by Governor Whitmer as a member of the
- [Beyond Exempt:  Understanding the Medicaid Homestead Exemption](https://mielderlaw.com/newsletter-archive/beyond-exempt-understanding-the-medicaid-homestead-exemption/) - Medicaid benefits in long term care is one of those topics that a lot of people know a little bit about. But if you know anything about the topic, you probably know that a person’s homestead is exempt. The purpose of this article is to shed a little more light on that topic. Defining “Homestead”
- [Live, Love and Law:  In Their Own Words](https://mielderlaw.com/newsletter-archive/live-love-and-law-in-their-own-words/) - In 1996, Michelle Lane and Amy Tripp both applied for the same job at the legal aid office in Jackson, Michigan. Michelle got the job as the elder law attorney, while Amy was awarded a consolation prize and hired as the pro bono coordinator. A bond was formed, and from that day until now, the
- [Aging In Michigan](https://mielderlaw.com/newsletter-archive/aging-in-michigan/) - The Toughest Decision You'll Ever Make A friend or family member has been declining. An event occurs. They go into the hospital. And suddenly they’re facing the choice of whether they can return home or whether they need to be placed in an institutional setting. This is not a question of “for the time being.”
- [Probate Section Elevates Spica, adds Hilker](https://mielderlaw.com/newsletter-archive/probate-section-elevates-spica-adds-hilker/) - Attorney Jim Spica is now the Secretary of the Michigan State Bar Probate and Estate Planning Section, and Dan Hilker is a member of the Section’s governing Council. “The Probate Council does an amazing job of leading in the world of probate law,” says Attorney Amy Tripp. “The Probate Council is continuously reviewing cases that
- [In Sickness and In Health](https://mielderlaw.com/newsletter-archive/in-sickness-and-in-health/) - If you drove by the Medilodge Nursing Home in Brighton recently, you may have noticed an odd tent like structure sticking out of the side of the building. Don’t be alarmed. It’s just Eugene loving Anchanette. You see, this past August, at age 48, Anchanette suffered a massive heart attack, causing her to be placed
- [Meet Joe Weiler:  President of the Michigan Chapter of the National Association of Elder Law Attorneys](https://mielderlaw.com/newsletter-archive/meet-joe-weiler-president-of-the-michigan-chapter-of-the-national-association-of-elder-law-attorneys/) - “Elder law is about a lot of things,” says CT Attorney Joe Weiler. “It’s about guardianships, power of attorneys, Medicaid rules, undue influence, to name just a few. But in the end, it’s really about protecting a vulnerable population of older adults.” “The growth of elder law in recent years coincides with the growing number
- [CT Lawyers Are Tops (But You Already Knew That)](https://mielderlaw.com/newsletter-archive/ct-lawyers-are-tops-but-you-already-knew-that/) - If your bag is telling your friends how many awards your lawyer received, it’s your luck day. Here we go: For 2020, CT is named a “Best Law Firm” by Best Lawyers again in the topics of Trusts and Estates, Litigation—Trusts and Estates, and Elder Law. Amy Tripp is a Super Lawyer, one of Super
- [UM Gets Squirrely with Prof’s Millions](https://mielderlaw.com/newsletter-archive/um-gets-squirrely-with-profs-millions/) - The case of Bellamy Trust v University of Michigan tells the story of one university professor, and how his vision about the legacy he was creating at the University of Michigan ran into the chainsaw of reality shortly after his death. Dr. Bellamy was an expert in classical Arabic literature, and dedicated his life to
- [A Holiday Special: The Dysfunctional Family Prayer](https://mielderlaw.com/newsletter-archive/a-holiday-special-the-dysfunctional-family-prayer/) - Dear ______ As we gather together during this holiday season we acknowledge that all families have dysfunction to differing degrees, and our family is no different. Each of us harbors feelings about others around this table. These include feelings of anger, jealousy, and resentment; which feelings may or may not be justified or well-founded. But
- [Medicaid Hunts Household Items](https://mielderlaw.com/newsletter-archive/medicaid-hunts-household-items/) - A new policy from the Michigan Department of Health and Human Services will make it harder for people seeking assistance with nursing home costs to “spend down” on household items in order to become eligible for Medicaid assistance. Traditionally, the value of the things people own that would typically be found in a home, has
- [Aging in Michigan- September 2020](https://mielderlaw.com/newsletter-archive/aging-in-michigan-september-2020/) - Anatomy of a Will Contest Legal Theories The legal theories that might apply to a lawsuit contesting the validity of a will or trust are many, but almost always they include both “Lack of Capacity” and “Undue Influence.” When a will or trust (or other legal document) is challenged for lack of capacity, as the
- [Ann Arbor Adds Lawyer- Nice People Continue to Gravitate Our Way](https://mielderlaw.com/newsletter-archive/ann-arbor-adds-lawyer-nice-people-continue-to-gravitate-our-way/) - CT is proud to announce that attorney Elizabeth Graziano is joining the firm and will be practicing out of our Ann Arbor office. Attorney Graziano is a 30+ year Ann Arbor resident. Her law practice focusses primarily in the areas of estate planning, guardianships, and estate and trust administration. Before becoming a lawyer, Ms. Graziano
- [The Cautionary Tale and Tragic Death of Virginia Kermath](https://mielderlaw.com/newsletter-archive/the-cautionary-tale-and-tragic-death-of-virginia-kermath/) - Everything I know about Virginia Kermath came from reading a Michigan Court of Appeals opinion. In that opinion, I learned that Virginia was a demented 89-year old who, on a particularly cold Michigan night, wandered out-of-doors, became locked out of the building where she lived, and experienced hypothermia and frostbite, which conditions led to her
- [Ernscie Augustin wins The Davis Dunning Bar Association President's Award](https://mielderlaw.com/newsletter-archive/ernscie-augustin-wins-the-davis-dunning-bar-association-presidents-award/) - The Davis Dunnings Bar Association awarded Attorney Ernscie Augustin with the 2020 Presidents Award. The Presidents Award is presented to an attorney that has dedicated time, commitment, and hard work for the advancement of the organization. Ms. Augustin was also nominated as Vice President of the Davis Dunnings Bar Association for the 2020-2021 term after
- [Susan Chalgian was sworn in as Treasurer of WLAM](https://mielderlaw.com/newsletter-archive/susan-chalgian-was-sworn-in-as-treasurer-of-wlam/) - At the remotely conducted annual business meeting of the Women's Lawyers Association of Michigan, Susan Chalgian was sworn in as Treasurer of WLAM. Susan, and other officers and board members, were sworn in by Michigan Supreme Court Justice Megan Cavanagh.
- [Business is Booming](https://mielderlaw.com/newsletter-archive/business-is-booming/) - People often ask how business has been with the whole COVID thing. Somewhat surprisingly, it turns out business is good. While COVID has reshaped the legal landscape, those changes appear to have significantly increased the demand for the services provided by CT. Offices Are Open CT went to almost entirely remote services during the height
- [Anatomy of a Will Contest](https://mielderlaw.com/newsletter-archive/anatomy-of-a-will-contest/) - Legal Theories The legal theories that might apply to a lawsuit contesting the validity of a will or trust are many, but almost always they include both “Lack of Capacity” and “Undue Influence.” When a will or trust (or other legal document) is challenged for lack of capacity, as the name suggests, the proofs must
- [Focus on Medicaid Planning- The SBO Trust is Back](https://mielderlaw.com/newsletter-archive/focus-on-medicaid-planning-the-sbo-trust-is-back/) - What It Is and Why You Might Care It’s probably taken longer than it should have for elder law attorneys to return to using the SBO Trusts. Their use was abandoned after the Michigan Department of Health and Human Services started treating SBO Trusts as “countable assets.” But that changed when the Michigan Supreme Court
- [COVID Changes Retirement Plan Options for 2020](https://mielderlaw.com/newsletter-archive/covid-changes-retirement-plan-options-for-2020/) - The “CARES Act” is what the government has named the massive COVID-19 stimulus plan recently passed by Congress and signed by the President. It has many parts. Some of those parts impact what you can do with your retirement plans (like IRAs and 401ks) in 2020. Here is a brief summary: No Withdrawal Required Nobody
- [Spica Receives Prestigious Appointment](https://mielderlaw.com/newsletter-archive/spica-receives-prestigious-appointment/) - Attorney James Spica of Chalgian and Tripp’s Southfield office was selected by the Uniform Law Commission to serve as a member of the newly formed drafting committee on “Conflicts of Law in Trusts and Estates.” The committee is made up of leading estate planning lawyers from around the United States. “Those who serve on ULC
- [MSC Stops the Clock on Lawsuits](https://mielderlaw.com/newsletter-archive/msc-stops-the-clock-on-lawsuits/) - Not to be lost in the all the COVID news, but important to the legal community, was an Order issued by the Michigan Supreme Court which “tolls” the deadline for people to initiate, respond to, or appeal many types of legal matters. For lawyers, this is an extraordinary event, and one which can have significant
- [Attorney Gurnoe-Adams Fights for Families with Special Needs Kids](https://mielderlaw.com/newsletter-archive/attorney-gurnoe-adams-fights-for-families-with-special-needs-kids/) - When the Community Mental Health agency in Ionia County decided that, because of the COVID Crisis, they would stop providing living supports and respite services to families with severely disabled children and adults at home, CT’s Joelle Gurnoe-Adams would have none of it. One of the families impacted were her clients. Attorney Gurnoe-Adams, with help
- [COVID Triggers New Era for Estate Planning](https://mielderlaw.com/newsletter-archive/__trashed/) - Changing Times. This photo of a computer screen shows CT Attorney Val KutzOtway (upper right) meeting with clients via video conference, while CT assistants Lori Diaz (bottom left) and Carey Kutz (bottom right) standby to act as “remote” witnesses to the signing of an estate plan. Out of necessity, the COVID Crisis triggered changes in
- [Coronavirus and CT](https://mielderlaw.com/newsletter-archive/coronavirus-and-ct/) - During the Coronavirus crisis, Chalgian and Tripp Law Offices will continue to assist existing clients and will be accepting new clients throughout Michigan. That said, there are many ways in which this crisis is impacting the way those services will be provided. This is NOT business as usual. Among other things, delivery of services will
- [Visitation Restrictions](https://mielderlaw.com/newsletter-archive/visitation-restrictions/) - The impact of the Coronavirus crisis on what was “normal” life has been so rapid and extensive that there are literally no words to describe it. Sporting events, the education of our children, socializing in public spaces, even elections – all put on hold while we deal with the frightening specter of a pandemic. So
- [Can I Get a Witness?](https://mielderlaw.com/newsletter-archive/can-i-get-a-witness/) - It’s probably safe to assume that every sort of crisis gives rise to unforeseen challenges. This crisis is no different. For elder law and estate planning attorneys, one of the biggest unexpected obstacles to helping clients through these times has been getting legal documents witnessed when neither the witnesses nor the signer are particularly interested
- [Leading, Best and Super Again](https://mielderlaw.com/newsletter-archive/leading-best-and-super-again/) - As usual, we could fill the newsletter with all the honors and awards earned by our exceptional group of lawyers. So, briefly, here are some highlights: From Super Lawyers Magazine: Amy Tripp was selected as one of the Top 100 Lawyers in Michigan and also one of the Top 50 Women Lawyers. Doug Chalgian was
- [Jim Spica Joins CT](https://mielderlaw.com/newsletter-archive/jim-spica-joins-ct/) - “If you’re a probate lawyer in Michigan, you know Jim Spica,” says Attorney Chris Smith. “Since the passage of the Personal Property Trust Perpetuities Act in 2008 and the Michigan Trust Code in 2010, there has hardly been a significant development in Michigan trust law that Jim hasn’t had a hand in writing.” Mr. Spica
- [The Best Places to Retire: An Elder Law Perspective](https://mielderlaw.com/newsletter-archive/the-best-places-to-retire-an-elder-law-perspective/) - You’ve probably seen those articles that list the “best places to retire” in America or abroad. You know the ones we’re talking about. They list a variety of communities, large and small, each ac-companied with idyllic images of beautiful places and active seniors (yep, just like the one we put with this article). They compare
- [Stretch Rule Rumblings](https://mielderlaw.com/newsletter-archive/stretch-rule-rumblings/) - There have been a lot of rumblings lately in the halls of Congress; rumblings that seem likely to lead to significant changes in the required minimum distribution (RMD) rules on Individual Retirement Accounts (IRAs) and other retirement plans. RMD rules are among the most complicated aspects of estate planning. Congress is looking for ways to
- [The Trouble With Gifts](https://mielderlaw.com/newsletter-archive/the-trouble-with-gifts/) - So one of your children is struggling with their finances and you decide to help out. Without getting into the question of whether it ever makes sense to become the family bank, there are things that you should probably think through before writing that check. Was this a gift? a loan? or an advance? The
- [And These Awesome Lawyers Join CT](https://mielderlaw.com/newsletter-archive/and-these-awesome-lawyers-join-ct/) - Alex Stratilatov clerked with the CT East Lansing office while attending MSU Law School. Upon graduation and passing the bar, Alex joined the litigation team and works on matters throughout Michigan. Alex immigrated to the United States from Russia, through Canada, and proudly became a U.S. Citizen in 2018. Diane Peters has been practicing
- [Swag Alert](https://mielderlaw.com/newsletter-archive/swag-alert/) - If you don't have a CT Euchre deck, stop by a CT office near you and pick one up. They're free. Every Michigander needs one.
- [New in Kzoo](https://mielderlaw.com/newsletter-archive/new-in-kzoo/) - The great city of Kalamazoo already boasts itself the hometown of Bell’s Beer, Gibson Guitars and Checker Cabs. Now they have their own Chalgian and Tripp Law office. CT Attorney Erin Majka (center, standing) will be the primary attorney handling client matters in our new Kalamazoo office. She is pictured here with Amy Tripp (right,
- [Smith Appointed to Task Force](https://mielderlaw.com/newsletter-archive/smith-appointed-to-task-force/) - Attorney Chris Smith was appointed to be a member of the Elder Abuse Task Force, organized by Michigan Attorney General Dana Nessel.
- [Kutz-Otway Firm Joins CT Saginaw](https://mielderlaw.com/newsletter-archive/kutz-otway-firm-joins-ct-saginaw/) - Pictured from left to right: Carey Kutz, Margaret Oviedo, Valerie Kutz-Otway, and Florence Alexander. The CT Saginaw office experienced significant growth recently with the addition of Attorney Valerie Kutz-Otway and her staff. “Val and I have been talking about having her join us for several years,” said Attorney Doug Chalgian. “I don’t know why it
- [Sara Schimke is Up & Coming](https://mielderlaw.com/newsletter-archive/sara-schimke-is-up-coming/) - Attorney Sara Schimke was named a member of the 2018 Up and Coming Lawyers Class by Michigan Lawyers Weekly.
- [Augustin is Rising Star](https://mielderlaw.com/newsletter-archive/augustin-is-rising-star/) - Attorney Ernscie Augustin was given the “Rising Star” award by the Davis-Dunnings Bar Association.
- [CT Adds Housing Expert](https://mielderlaw.com/newsletter-archive/ct-adds-housing-expert/) - Prior to joining Chalgian and Tripp, Carrie Alexander worked at the Community Housing Network covering the Metro Detroit area. Ms. Alexander’s position at CHN included acting as Trust Administrator for the Springhill Housing Pooled Accounts Trust, one of the largest pooled accounts trusts in Michigan. Ms. Alexander holds a Bachelor’s of Science degree and Master’s
- [Need a Speaker?](https://mielderlaw.com/newsletter-archive/need-a-speaker/) - CT lawyers and social workers are always happy to talk about what they love. If your organization is looking for someone to explain estate planning, elder law, Medicaid, Veterans benefits, special needs planning, or other related topics, reach out to Sharee Fink at 517-332-3800. There is no charge, and we are glad to present anywhere
- [Hard to Be Humble](https://mielderlaw.com/newsletter-archive/hard-to-be-humble/) - We have much to be proud of this year! CT was selected as one of the “Best Law Firms” in both the metro Detroit and Lansing areas for 2019. We have ten lawyers recognized as Leading Lawyers by Leading Lawyers Magazine, six Super Lawyers as well as two Rising Stars selected by Super Lawyers Magazine,
- [Making 100 Look Easy](https://mielderlaw.com/newsletter-archive/making-100-look-easy/) - It’s a myth that everyone who lives a long life becomes cognitively or physically impaired. Ed Rockwell is living proof. Ed turned 100 on November 19, 2017. If you met Ed, you would guess he isn’t a day over 80. Mind sharp, body strong. It’s all good. So what’s his story? It’s been years since
- [Talking About Your Estate Plan](https://mielderlaw.com/newsletter-archive/talking-about-your-estate-plan/) - When it comes to what to say to family members about your estate plan, clients cover the spectrum. There are those that say nothing, and those that share all the details. As with many things, there is no right answer, but there are things to consider in deciding what is right for you. If you
- [Identity Band Provides Help for Cognitively Impaired](https://mielderlaw.com/newsletter-archive/identity-band-provides-help-for-cognitively-impaired/) - The challenge for every family caring for a loved one with cognitive decline is balancing safety concerns with the need to respect the independence and dignity of their loved one. Thanks to a new program, families in Calhoun County have another tool which, in some cases, will allow their loved ones to remain in the
- [Client Experience Manager](https://mielderlaw.com/newsletter-archive/client-experience-manager/) - Sharee Fink, our efficient but terribly underutilized receptionist in the East Lansing Office, has taken a new position with the firm: Marketing Director and Client Experience Manager. Sharee graduated from Michigan State University with a degree in professional writing. In her new position, Sharee will work to assure that every client of CT has a
- [Elder Law Leadership: A CT Tradition](https://mielderlaw.com/newsletter-archive/elder-law-leadership-a-ct-tradition/) - Yes. It’s true. Among the attorneys at Chalgian and Tripp are the current Chair of the Elder Law and Disability Rights Section of the State Bar (Sara Schimke) and the incoming Chair (Chris Smith). The wand will be passed from Sara to Chris in October. It’s a proud tradition. Three other members of the firm
- [Alzheimer's Walks Near You](https://mielderlaw.com/newsletter-archive/alzheimers-walks-near-you/) - Fall in Michigan is a great time for a stroll, and there’s no better reason to take a hike than to raise awareness and money for the efforts to cure age-related diseases of the mind and to provide local support for those afflicted. Here’s a list of places you can join local walk efforts: September
- [More Great Lawyers Join CT](https://mielderlaw.com/newsletter-archive/more-great-lawyers-join-ct/) - Attorney Sara Schimke has joined CT in our Southfield Office. “It seems like we have been recruiting Sara Schimke to join our firm forever,” says Attorney Amy Tripp. “Sara is one of the new leaders in Michigan’s elder law community, and we could not be more pleased that she was finally convinced that CT was
- [Another Year - Another Great Day at the Ballpark](https://mielderlaw.com/newsletter-archive/another-year-another-great-day-at-the-ballpark/) - The CT annual trip to Comerica Park took place this year on August 1. Great weather, and a win for the Tigers!
- [Off to College? Don’t forget the POAs](https://mielderlaw.com/newsletter-archive/off-to-college-dont-forget-the-poas/) - For parents, few things (if any) invoke more emotions than leaving a child on a college campus. It marks an end and a beginning, filled with promise and fear, fulfillment and emptiness. Moving your child into their dorm or apartment, filling the refrigerator, talking about expectations while knowing that there will be experiences that you
- [All-Day CE Programs: Fun, Inexpensive, and Informative](https://mielderlaw.com/newsletter-archive/all-day-ce-programs-fun-inexpensive-and-informative/) - This fall, aging professionals can obtain continuing education credits by attending one of the upcoming CT Elder Law Update programs. The all-day programs are (1) inexpensive (just $50, which includes lunch), (2) informative, and (3) fun. Upcoming Programs: September 19th - Weber’s Inn- Ann Arbor September 26th - Okemos Conference Center- Okemos October 24th -

## Plan to be 100

- [The Case of the Double Sold Grave](https://mielderlaw.com/plan-to-be-100/the-case-of-the-double-sold-grave/) - We can only speculate about whether Nathan Gathright felt awkward, curious, or took any interest at all in the fact that a strange woman had been planted in the grave next to his, a full 18 years after he had passed on. What we do know is that when his surviving spouse, Margaret, found
- [Deed with Oral Trust Add On Upheld](https://mielderlaw.com/plan-to-be-100/deed-with-oral-trust-add-on-upheld/) - X deeds real estate to Y with understanding that Y will hold the subject property for the benefit of Z, and convey the property to Z at the appointed time. X dies. PR is appointed personal representative of X’s estate and petitions to set aside said deed and recover the subject property to the
- [High Drama Case Gives Pause about Pre-Appointment Legal Fees](https://mielderlaw.com/plan-to-be-100/high-drama-case-gives-pause-about-pre-appointment-legal-fees/) - Commonly (at least in my practice), family members advance money for legal services until they get appointed conservator, at which time they repay themselves out of the ward’s resources and report that reimbursement in the first accounting. I can’t recall ever having had any issues with that approach – which is the say, it
- [Two New Guardianship Laws](https://mielderlaw.com/plan-to-be-100/two-new-guardianship-laws/) - There are two new laws in the realm of guardianships and conservatorships. One new law would require an appraisal be conducted and shared with the Court anytime a petition is filed for the sale or encumbrance of real estate belonging to a protected person. And the appraisal can’t be older than six months. Click here
- [Michipremes Shield Trust Property from Creditors](https://mielderlaw.com/plan-to-be-100/michipremes-shield-trust-property-from-creditors/) - The issues in this newly released opinion from the Michigan Supreme Court are whether proceeds from either life insurance or retirement accounts (aka “qualified plans “) paid over to a trust which became irrevocable upon the death of the settlor are reachable by the deceased settlor’s creditors? The answer, as to both types of assets,
- [Lessons in Collections from a Mercy Murder Drama](https://mielderlaw.com/plan-to-be-100/lessons-in-collections-from-a-mercy-murder-drama/) - THIS CASE WAS SUBSEQUENTLY OVERTURNED BY THE MICHIGAN SUPREME COURT. TO READ THE MSC CASE CLICK HERE. The tragic story goes that one child of a demented parent killed that parent and herself when that child could no longer see her parent suffer the pain and indignities of advanced dementia and assorted aging issues. Some
- [Published Case Distinguishes Probate Proceedings and Civil Actions](https://mielderlaw.com/plan-to-be-100/published-case-distinguishes-probate-proceedings-and-civil-actions/) - A Trustee who was removed after beneficiaries initiated a civil action against her, appeals the resulting order on the basis that the matter was misplead. In this published opinion, the Michigan Court of Appeals holds that while the initial pleading was incorrectly labeled as a civil action (as opposed to a probate proceeding), and
- [Heavy on My Mind](https://mielderlaw.com/plan-to-be-100/heavy-on-my-mind/) - Renowned probate lawyer John Bos died yesterday. I knew him well. His Door was Always Open To my thinking, above all else, John was a teacher. His many ICLE presentations shaped Michigan probate and elder law for a generation - or more. And so it was at Chalgian and Tripp where he excelled at
- [Digging up Bones](https://mielderlaw.com/plan-to-be-100/digging-up-bones/) - In a recent litigation team meeting, we were discussing how often the cases we’re getting these days are not about (or not only about) the validity of a will or trust or deed, nor are they necessarily about the manner in which a fiduciary is currently performing their duties, instead a significant amount of
- [Disbelief Defeats Admission](https://mielderlaw.com/plan-to-be-100/far-fetched-story-defeats-copys-admission/) - Robert dies and his child informally opens intestate estate and becomes appointed Personal Representative. Later, Dunn petitions to admit a copy of a purported Will which nominates Dunn as Personal Representative. Dunn is not related to Robert. The purported Will leaves nothing to Dunn. Dunn is represented in this proceeding by Attorney Gilbert. Dunn
- [As It Should Be](https://mielderlaw.com/plan-to-be-100/as-it-should-be/) - This case turns on the standard of review: Abuse of Discretion. Two sides of a family squabble - each side made an offer to buy the family farm from the estate. The two offers were essentially equal. The trial judge picked the offer that was supported by the greater number of family members, but
- [Criminal Contempt on Zoom](https://mielderlaw.com/plan-to-be-100/criminal-contempt-on-zoom/) - Just so happens, I was in Alpena Probate Court a few years back when the "tea" (what young people now call gossip) was all about a local lawyer being arrested that very day for stealing money from estates. Other than being told that this lawyer was acting as a fiduciary when the alleged malfeasance
- [Specific and General Devise Distinguished in Published Opinion.](https://mielderlaw.com/plan-to-be-100/specific-and-general-devise-distinguished-in-published-opinion/) - The Facts Neal’s probate estate consists of cash, coins and household tangible personal property in his house. In his Will, Neal leaves to Paula “my household furniture and furnishings, automobiles, books, pictures, jewelry, art objects, hobby equipment and collections, wearing apparel, and other articles of household or personal use or ornament…” Neal’s children seek to
- [No “Confidential” GAL Reports says Published Opinion](https://mielderlaw.com/plan-to-be-100/no-confidential-gal-reports-says-published-opinion/) - In a published decision, the Michigan Court of Appeals remanded a minor conservatorship case in which the trial judge accepted a report from the Guardian Ad Litem as “confidential” – keeping the report from the parties and yet relying on the contents of the report in reaching a decision. The COA says that by doing
- [I See Good Things Coming for Medicaid Planners](https://mielderlaw.com/plan-to-be-100/i-see-good-things-coming-for-medicaid-planners/) - Yesterday, I had the pleasure of watching my child, Susan Chalgian, argue a matter before the Michigan Court of Appeals. Her case challenged the legality of the Michigan Department of Health and Human Services policy in Bridges Eligibility Manual Item 405 that makes it a divestment for people to pay friends and family for in-home
- [Defining "Permission" in Minor Guardianships](https://mielderlaw.com/plan-to-be-100/defining-permission-in-minor-guardianships/) - The first time Dad tried to take his teenage sons back to Ireland with him, they beat him up – broken ribs and all – or so the story goes. So he left them with kin in the U.S. and provided a power of attorney to this caretaker relative that allowed them to get medical
- [Care Contract Case Released – and Published](https://mielderlaw.com/plan-to-be-100/care-contract-case-released-and-published/) - The Court of Appeals has released the case of Estate of Charla Brown v Department of Health and Human Services. Click on the name to read the case. The case is published. I wrote about this case a few weeks ago after attending oral arguments. As anticipated, the decision is fully favorable to the
- [Protective Orders Live Again !!](https://mielderlaw.com/plan-to-be-100/protective-orders-live-again/) - A new decision from the Michigan Supreme Court revives the practice of using protective orders to do Medicaid planning for married couples. This is a big deal! Click here to read the new opinion from the Michigan Supreme Court In Re Jerome Sizick. Central to this decision is that it overrules a published Court
- [Published Opinion Examines Basis for Awarding Legal Fees from a Trust](https://mielderlaw.com/plan-to-be-100/published-opinion-examines-basis-for-awarding-legal-fees-from-a-trust/) - In a published decision, the Michigan Court of Appeals construes the meaning of that provision of the Michigan Trust Code which allows someone other than the Trustee to recover legal fees from a Trust. Prior to the adoption of the Michigan Trust Code in 2010, the common law established a framework for the awarding of
- [Internet Research Results Fall Flat](https://mielderlaw.com/plan-to-be-100/internet-research-results-fall-flat/) - Sibling A is conservator for Parent X. A takes X’s coin collection to local coin shop and sells the collection for $80,000. After X dies, B sues A for breach, claiming the coins were worth much more. In support of their petition, B provides a handwritten list from X in which X values the
- [Not So Fast](https://mielderlaw.com/plan-to-be-100/not-so-fast/) - In this unpublished decision, the Michigan Court of Appeals reverses a trial court’s decision to remove a Trustee, holding that the Trustee’s failure to comply with the unreasonable demands of combative beneficiaries is insufficient grounds for removal under the Michigan Trust Code. Long story short: Through a convoluted series of events, Duncan becomes trustee
- [Happy New Year](https://mielderlaw.com/plan-to-be-100/happy-new-year/) - Thanks for reading plantobe100 in 2025. I look forward to more of the same in 2026. I think my New Year’s Resolution will have something to do with getting past the propensity to believe the way things were when I was younger are better in comparison to the way today’s young people are taking
- [Attempted Power of Appointment Exercise Fails](https://mielderlaw.com/plan-to-be-100/attempted-power-of-appointment-exercise-fails/) - A dies leaving property in trust for the benefit of B. Said Trust provides that upon death of B, any remaining trust property is distributed to the descendants of B or, if none, the descendants of A. In addition, the Trust grants B a power of appointment over half the residue. The Trust language giving
- [Weird People May Not Need Guardians](https://mielderlaw.com/plan-to-be-100/weird-people-may-not-need-guardians/) - Where an adult has always lived in filth and has historically rented out rooms to ex-cons, continuing to do so in their advanced years doesn’t suddenly cause them to become a “legally incapacitated individual.” So says the Michigan Court of Appeals in In Re Guardianship of GM (click on the name to read the
- [No Ownership Required to Pay Taxes](https://mielderlaw.com/plan-to-be-100/no-ownership-required-for-fiduciary-to-pay-taxes/) - At a hearing on a petition to approve an accounting in an adult conservatorship, the trial judge denies the petition for two reasons: First the trial judge says the conservator misused the ward’s money by paying property taxes on a house the ward didn’t own. Second, the trial judge says the conservator erred by using
- [No Zoom No Show Not Smart](https://mielderlaw.com/plan-to-be-100/no-zoom-no-show-not-good/) - Lawyer A was PR of the estate of her dead cousin, but not an heir. She hired herself as attorney for the estate. When the heirs complained that she was playing fast and loose with estate assets, and that her legal fees and fiduciary fees were unwarranted, Lawyer A resigned and filed an accounting.
- [This is What It’s All About](https://mielderlaw.com/plan-to-be-100/this-is-what-its-all-about/) - If you have a half-an-hour to spare, I highly recommend you watch Norm Harrison and David Shaltz argue for leave to appeal in front of the Michigan Supreme Court in the Sizick matter. Sizick, as you may recall, is about the use of protective orders to establish protective spousal amounts for Medicaid. The arguments were
- [The Love Dance of Arbutus and Lyle](https://mielderlaw.com/plan-to-be-100/the-love-dance-of-arbutus-and-lyle/) - In the woods of Keewenaw County, Lyle married Arbutus and they operated a little shop together. Lyle took a job with the park service which took him away from home for periods. In time, Lyle began having an affair with Susan. Lyle and Susan carried on for years while Arbutus and Lyle were still
- [Ready to be a Parent Again](https://mielderlaw.com/plan-to-be-100/ready-to-be-a-parent-again/) - During a troubled stretch of life, Appellee allowed her Aunt and Uncle to become guardians of her child. Then the day came when she was ready to become a parent again. She returned to the probate court to terminate the minor guardianship over her child. Although the Aunt and Uncle opposed the termination, the
- [Unrequited Love Carries No Weight in Wrongful Death Division](https://mielderlaw.com/plan-to-be-100/unrequited-love-earns-no-share-of-wrongful-death-recovery/) - Evelyn and Nicholas were married. They separated in July 2022, after which separation Evelyn initiated a divorce action. Evelyn died in December 2022 under circumstances that gave rise to a wrongful death action and recovery, before the divorce was finalized. Evelyn’s siblings and surviving parent petitioned to have the proceeds from the wrongful death
- [Must be the Cynic in Me](https://mielderlaw.com/plan-to-be-100/must-be-the-cynic-in-me/) - In this unpublished opinion, Barbara complains that her family’s potato chip fortune turned into a modest inheritance for her, a lot of legal fees and a generous lifetime employment for the family lawyer. Barbara pled several theories at the trial court level, including: Legal Malpractice, Breach of Fiduciary Duty, Conversion, RICO and Fraudulent Concealment.
- [COA Blocks Equity in Deed Dispute](https://mielderlaw.com/plan-to-be-100/coa-blocks-equity-in-deed-dispute/) - Nonsensical deeds are nothing new. Lay people screw up deeds all the time. Lawyers somewhat less frequently. This case deals with a lay person who created a deed from himself to his sibling and his trust as joint tenants with rights of survivorship - and then died. Appellee argued that the deed was void.
- [Cockamamie Story Falls Flat](https://mielderlaw.com/plan-to-be-100/cockamamie-story-falls-flat/) - When Diane died, her Sibling Cynthia was living with her in her house. Cousin Joanne had previously received ownership of the property at Diane’s death via ladybird deed. So when Sibling didn’t move out, Cousin initiated eviction proceedings. In the course of those proceedings, Sibling said that she had a deal with Diane pursuant
- [Published Guardianship Case Endorses Negative Preference - Maybe](https://mielderlaw.com/plan-to-be-100/published-guardianship-case-endorses-negative-preference-maybe/) - In this newly released and published guardianship opinion from the Michigan Court of Appeals, the trial judge found that Child A (who had the highest priority to be appointed because he was the person nominated to serve by the parent-ward) was unsuitable. The trial judge also bypassed the other adult children, including one who
- [Close Enough](https://mielderlaw.com/plan-to-be-100/close-enough/) - In Re Guardianship of IS discusses the proper procedure for modifying a guardianship over a person with a developmental disability per the Mental Health Code. This same case was in the Michigan Court of Appeals once before at which time the COA reversed the trial court for removing a co-guardian without the benefit of
- [Easy as ABC](https://mielderlaw.com/plan-to-be-100/13092/) - In In re Charles C. Kalbach and Betty J. Kalbach Trust, a family squabble over a poorly drafted trust agreement lands about where you would expect. [Click on the name to read the case.] Facts are that Parents bought one of those A-B-C trusts that were so common in the trust mill circuit back
- [Feeling Like a Big Man](https://mielderlaw.com/plan-to-be-100/feeling-like-a-big-man/) - Am I the only one who didn’t understand that when X (who lives in County A and who created a simple revocable trust of which they are the settlor and in which they appoint themselves the initial trustee) dies, and X’s Child Y (who is nominated as successor trustee and who lives in County
- [Sketchy Medicaid Plan Nets Family Feud](https://mielderlaw.com/plan-to-be-100/sketchy-medicaid-plan-nets-family-feud/) - This story begins in 2018 when Gloria places all her assets in an irrevocable trust as part of a so-called Medicaid plan (more on that later). In 2019 she enters long term care and by the time she dies in 2021, the only thing she has left is her home and a little cash.
- [Fiduciary Relationship and Undue Influence](https://mielderlaw.com/plan-to-be-100/fiduciary-relationship-and-undue-influence/) - In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth. (Click on the case name to read the case.) The opinion offers an extensive discussion of a key issue in will and trust litigation, specifically the nature of the relationship that must
- [Handwriting Expert Wins Credibility Contest](https://mielderlaw.com/plan-to-be-100/handwriting-expert-wins-credibility-contest/) - Three people testified that they were present and witnessed old Jerry Tippett sign the third amendment to his trust. These three served as the witnesses and notary on the document. These witnesses also testified that the person who benefited from the amendment wasn’t even present at the time. But the trial judge chose instead
- [Court Goes Hard on POA](https://mielderlaw.com/plan-to-be-100/court-goes-hard-on-poa/) - This is a case in which a probate court orders an agent acting under a power of attorney to account. The case is called In re Conservatorship of BJH. Click on the name to read the case. The case is unpublished. The Story Goes For two and a half years, Cynthia handled her mother’s
- [Interstate Kidnapping Proves to be an Obstacle to Guardian Wannabe](https://mielderlaw.com/plan-to-be-100/interstate-kidnapping-doesnt-help-guardian-wannabe/) - The only question raised by this case is: What was the lawyer who represented the Appellant thinking when they told their client that filing appeal was a good idea? The Story Goes: Mom lived in an assisted living in Michigan. Child A, the patient advocate, lived nearby. Child B lived in South Carolina. Child
- [The Line Between Friend and Fiduciary](https://mielderlaw.com/plan-to-be-100/the-line-between-friend-and-fiduciary/) - Following the presentation of evidence, a trial court set aside a banking transaction after deciding that the presumption of undue influence had been met and insufficiently rebutted. But in this unpublished opinion from the Court of Appeals, that decision is reversed. In upsetting the trial court’s decision, the COA focusses on the trial court’s
- [Section 2503 Unhinged](https://mielderlaw.com/plan-to-be-100/section-2503-unhinged/) - I feel like we were all excited when trial courts started to use MCL 700.2503. And that we all cheered when, for example, a person wrote out their will on their smartphone and that writing was admitted as a valid will in probate. What a fun idea! What a great new law!! But over
- [COA Remands Appointment of Public Guardian](https://mielderlaw.com/plan-to-be-100/coa-remands-appointment-of-public-guardian/) - In this unpublished opinion, the probate court removed a guardian (spouse) for obstructing visitation between the ward and her children and siblings. The trial judge replaced the guardian/spouse with a professional fiduciary. The Court of Appeals reversed and remanded the trial court on multiple grounds. To me, this opinion seems a bit scattered. That
- [A Remedy for Every Wrong](https://mielderlaw.com/plan-to-be-100/a-remedy-for-every-wrong/) - I wish I had a photo of Mardelle Williams to humanize this post. But I don’t, so I guess you’ll just have to use your imagination. All I really know about Mardelle is that she had a developmental disability, that she suffered terribly during her life and died tragically. The Case This new unpublished
- [#%@# Hits Fan over Funding Formula Fix](https://mielderlaw.com/plan-to-be-100/hits-fan-over-funding-formula-fix/) - I know it’s not nice to laugh at the woes of others, but maybe a snicker once in a while. In this cluster of a case, Geraldine (a retired medical doctor with no descendants) sets up a trust to benefit women who pursue medical education, which trust is intended to control the disposition of
- [Sizik Lives](https://mielderlaw.com/plan-to-be-100/sizik-lives/) - This must be the week for good news for Michigan’s Medicaid planners. The Michigan Supreme Court has agreed to hear oral arguments in the case of In Re Jerome E. Sizick. Just about a year ago to the day, the Michigan Court of Appeals awkwardly hobbled together a decision which essentially gutted the use
- [Medicaid Planning Game Changer](https://mielderlaw.com/plan-to-be-100/medicaid-planning-game-changer/) - After 50+ years, the asset exemption for single person applying for Medicaid will increase as of February 1, 2025. The new asset limit for a single person will be $9,660 in 2025, and will increase annually. That's up from $2,000. The new asset limit will apply to nursing home Medicaid, Waiver and PACE. I posted
- [Best Undue Influence Case Ever? (and End of Year Wishes)](https://mielderlaw.com/plan-to-be-100/best-undue-influence-case-ever-and-end-of-year-wishes/) - This is a great opinion. The only thing not great is that it's unpublished. Typical Facts Single Parent has will leaving everything equally to all children. Late in Parent’s life, Bad Actor Child (the “BAC”) moves into Parent’s home and becomes her caregiver. BAC arranges for Parent to meet with lawyer, and with assistance
- [Deeds Matter (and fond memories)](https://mielderlaw.com/plan-to-be-100/deeds-matter-and-fond-memories/) - Marianne owns a house encumbered by a tax lien. Marianne gifts the house to Ray via a quitclaim deed. Ray dies. The house becomes an asset of his Estate. Ray’s Estate lists the property and finds a buyer. Prior to closing, the Estate discovers the lien. Per the sales agreement, the buyer gets clear
- [Ladybird Deed Frustrates Creditors](https://mielderlaw.com/plan-to-be-100/ladybird-deed-frustrates-creditors/) - For obvious reasons, creditors don’t like ladybird deeds. In the unpublished decision of Estate of Gloria Jean Taulbee v Amy Lynn Taulbee, creditors unsuccessfully employ the Michigan Uniform Voidable Transactions Act (MUVTA) in an attempt to invalidate a LDB in order to collect from an estate made insolvent by its use. [Click on the
- [COA Grieves Conflicted Counsel](https://mielderlaw.com/plan-to-be-100/coa-grieves-conflicted-counsel/) - The Players A is an LII and beneficiary of a court-created first-party special needs trust. B is A’s sibling and caregiver, paid by the trustee of the SNT for her services. PS is a lawyer that claims to represent both A and B. Setting the Stage This case starts when the trustee of A’s
- [New BEM Language Limits Homestead Exclusion](https://mielderlaw.com/plan-to-be-100/new-bem-language-limits-homestead-exclusion/) - The Michigan Department of Health and Human Services (MDHHS) has released updates to the Bridges Eligibility Manual (BEM) that will take effect January 1, 2025. Most notable is a change in language to BEM Item 400 which relates to whether a Medicaid applicant can select any home s/he previously lived in as the exempt homestead
- [Lawyer Can’t Leapfrog Estate Recovery Claim](https://mielderlaw.com/plan-to-be-100/lawyer-cant-leapfrog-estate-recovery-claim/) - NOTE: SUBSEQUENT TO THIS POST THIS CASE WAS APPROVED FOR PUBLICATION. While Marilyn was alive she was subject to a conservatorship and ran up legal fees qualifying for Medicaid. Later she went off Medicaid and moved into a private pay setting, where she eventually died. When her estate was opened, the Michigan Department of Health
- [Speechless in a Good Way](https://mielderlaw.com/plan-to-be-100/speechless-in-a-good-way/) - As long as I have been practicing and presumably for a long time before that, the asset limit for a single person seeking Medicaid has been $2,000. That is: $2,000 of so-called “countable assets.” A recent policy bulletin announces that in February 2025, that number will change to $9,430 and will be adjusted annually
- [Court Erred by Dismissing Petitions based on Inaccurate Report of Guardian ad Litem](https://mielderlaw.com/plan-to-be-100/court-erred-by-dismissing-petitions-based-on-inaccurate-report-of-guardian-ad-litem/) - Appellant petitioned to be appointed both guardian and conservator over a legally incapacitated individual. At the initial hearing, the guardian ad litem appeared with a report in hand, which report concluded that both the guardianship and conservatorship were unnecessary because the proposed ward had created a patient advocate designation and financial power of attorney,
- [Probate End Run Trips on MCR 2.116(C)(6)](https://mielderlaw.com/plan-to-be-100/probate-end-run-trips-on-mcr-2-116c6/) - After parents die, Child A continues to manage the family partnerships held in a Trust settled by the parents. Disagreements lead to litigation between Child A and the Trustee. In a Probate Court trust proceeding, the Trustee prevails and Child A is ordered to disgorge fees and properties he claimed as his own. That
- [Medicaid Letter has Advocates Looking Up](https://mielderlaw.com/plan-to-be-100/medicaid-letter-has-advocates-looking-up/) - A recent letter from the U.S. Centers for Medicare and Medicaid Services has advocates excited about the possibility that the end may be near for the income cap on clients seeking benefits through the PACE and MI Choice Waiver programs. To read the letter, click here. The Back Story As those who have long
- [SNT Could be a Will Appointing Residue of SNT](https://mielderlaw.com/plan-to-be-100/snt-could-be-a-will-appointing-residue-of-snt/) - This newly released and published case is primarily about a sneaky guardian and her failed attempt to name herself sole residual beneficiary of her ward’s special needs trust. But the case also veers off into a discussion about the application of MCL 700.2503 that I find remarkable. Story Hector was the plaintiff in a
- [Delayed Probate Awakens Sleeping Obligation to Pay](https://mielderlaw.com/plan-to-be-100/delayed-probate-awakens-sleeping-obligation-to-pay/) - I believe the relevant facts of this newly released case to be: William died in 2007. William’s will, which was not probated when he died, left the marital home to his surviving spouse but tied that gift to her paying his children $200,000 “within three years of the date of my demise.” The surviving
- [Sooner is Better for Cash Strapped Ward](https://mielderlaw.com/plan-to-be-100/sooner-is-better-for-cash-strapped-ward/) - Conservator has real property to sell. A offers $305,000 (and possibly more) for the property - subject to inspections. B offers $300,000 for the property “As Is.” Conservator petitions for court authority to sell to B, asserting that it is better for the ward to take a few dollar less in order to close
- [COA Reiterates that Lawyers Represent Individuals Not Estates or Trusts](https://mielderlaw.com/plan-to-be-100/coa-reiterates-that-lawyers-represent-individuals-not-estates-or-trusts/) - This is a fairly long opinion that says very little that we don’t already know … which is that: A lawyer for a fiduciary (be it a trustee, personal representative or conservator) represents that person in their fiduciary role and not the estate or trust. Here, Richard and Eddie are co-trustees and two of
- [This One Would Hurt](https://mielderlaw.com/plan-to-be-100/this-one-would-hurt/) - The story is that a 92 year-old diagnosed with dementia and living in a VA nursing home marries in March, changes his Trust in April and dies in July. After the amendment, he leaves one million to his new wife’s church, and another half-million to a charity run by the father of his new
- [Deeds 6 – Scrivener’s Affidavit 0](https://mielderlaw.com/plan-to-be-100/deeds-6-scriveners-affidavit-0/) - This newly released unpublished opinion provides some interesting lessons or reminders about issues that arise when trying to correct erroneous deeds after the grantor is dead. The Story After Matthew died, Matthew’s Estate got into it with Ivan over which half of an eighty-acre parcel Matthew had given to Ivan and which half remained
- [(value) Added](https://mielderlaw.com/plan-to-be-100/adding-value-x-2/) - Medicaid Planners take note: DHHS has tweaked language in that part of BEM 402 that deals with the use of court orders to establish the protected spousal amount. The new language - actually, the addition of one word in two places - will take effect October 1, 2024. Currently BEM 402 page 10 says
- [Ward's Preference can be Assessed In Camera](https://mielderlaw.com/plan-to-be-100/preference-ward-can-be-assessed-in-camera/) - Parents served as co-guardians of an adult with developmental disabilities, until that didn’t work anymore. Both petitioned to have the other removed, so that they could serve as sole guardian. Probate court held hearings, and in the process conducted an in camera interview with the ward about her preference. When the trial court selected
- [One Bag or Two](https://mielderlaw.com/plan-to-be-100/one-bag-or-two/) - Charcoal is on my shopping list this weekend. I wonder if I should pick up one bag or two? I know Kroger usually bundles two bags together for a discount price. But summer is almost over, so…. I got my Medicare card this month. Yay! I feel like I’ve been an old man for
- [Credibility Carries Conversion Case](https://mielderlaw.com/plan-to-be-100/credibility-carries-conversion-case/) - A and B jointly own a house. When B moves out, B signs a deed taking her name off the property, which deed is not notarized or witnessed, and never recorded. Later, in an unrelated transaction, A delivers a check in the amount of about $140,000 to B and asks B to deposit it
- [Cross Eyed](https://mielderlaw.com/plan-to-be-100/cross-eyed/) - A confusing settlement agreement is deemed unambiguous by the probate court as well as the Court of Appeals in this (surprisingly) published decision. The Story Maureen, the Trustee and a beneficiary, settles a trust dispute with beneficiaries Wallace and Kathleen. The terms of the settlement agreement include the following two paragraphs: The further administration
- [“This is not a final order” … or is it?](https://mielderlaw.com/plan-to-be-100/this-is-not-a-final-order-or-is-it/) - There’s an important lesson in this recently released opinion from the Michigan Court of Appeals, a lesson about when to file a claim of appeal in probate matters. A “Final Order” Mark and his sibling engaged in a long drawn-out battle over the administration of their parent’s trust. At various points during the course
- [3701 fixes untimely complaint](https://mielderlaw.com/plan-to-be-100/3701-fixes-untimely-complaint/) - Connie applied for appointment as personal representative of her deceased husband’s estate. While her application was pending, she filed a wrongful death complaint in her capacity as “anticipated personal representative.” A few weeks later, letters of authority were issued to Connie. In the time between the date the complaint was filed and the time
- [A Case About Nothing](https://mielderlaw.com/plan-to-be-100/a-case-about-nothing/) - You gotta love this one. Or not. This same case provided one entertaining post in 2022 when first came up to the Court of Appeals. In that opinion, the trial judge colorfully ranted about the manner in which a vulnerable adult’s estate and trust had been dissipated by legal fees and costs and, in
- [Bones to Advocates in MSC Guardianship Case](https://mielderlaw.com/plan-to-be-100/bones-to-advocates-in-guardianship-delegation-case/) - The Michigan Supreme Court has issued a decision in two guardianship matters: In Re Molloy and In Re Jenkins. Click on the names to read the combined decision. I wrote about these cases when the Court of Appeals issued a published decision in 2022. Click here to read that prior post. Attorney Darren Findling
- [Shake Up in SNT Land](https://mielderlaw.com/plan-to-be-100/shake-up-in-snt-land/) - As sophisticated elder law lawyers understand, drafting a special needs trust (“SNT”) is one thing, advising trustees on how to administer them is something else – something more. The challenge of advising SNT trustees is due, in large part, to the complex rules that apply to the government benefits that beneficiaries of SNTs typically
- [Equities in Divorce and Death - Again](https://mielderlaw.com/plan-to-be-100/equities-in-divorce-and-death-again/) - In Re E. Earl Lyden Trust is an interesting case, a published case, and has the potential to become an important case. [Click on the name to read the case.] Earl and Denice were married. Denice filed for divorce. Earl revised his estate plan and beneficiary designations so that it would all go to his
- [Richland Animal Rescue Forever](https://mielderlaw.com/plan-to-be-100/richland-animal-rescue-forever/) - Mega-wealthy business person dies leaving a Trust that primarily benefits a charity: the Richland Animal Rescue. If you don’t know, Richland is a tiny town north of Kalamazoo. I know, because I happen to have family in that area. Anyhow, the issues in these three consolidated cases on appeal have to do with the
- [Just a Fool in Love](https://mielderlaw.com/plan-to-be-100/just-a-fool-in-love/) - It’s Sunday morning. I’m dictating memos from the client meetings I had this week. Going over the cases I passed on, and the ones I decided to take. Seems like there’s always one case that I chose to take where my rational mind is telling me I should have walked away – maybe because
- [Legal Fees Rejected for Will Contest Losers](https://mielderlaw.com/plan-to-be-100/legal-fees-rejected-for-will-contest-losers/) - This is a Chalgian and Tripp case, and one I have written about before. Background is: Our client challenged a document purporting to be his father’s will on theories of undue influence and lack of capacity - and won. In Braun Kendrick v Estate of Matthew Scott, the losing party’s lawyers sought to recover
- [Probate Court Lacks Authority to Order Visitation in Minor Guardianship](https://mielderlaw.com/plan-to-be-100/probate-court-lacks-authority-to-order-visitation-in-minor-guardianship/) - When mother of minor child A disappears, father discontinues contact between minor child A and the siblings of A who were children of the missing mother. When father is sent to jail (having been charged with murdering mother), he nominates one of his adult children (a sibling of A) to serve as A’s guardian,
- [More Omni-Business](https://mielderlaw.com/plan-to-be-100/more-omni-business/) - The same omnibus legislation that brought us Secret Trusts also made several other notable changes to probate law, including: Standby Guardians for LII’s Courts can appoint standby guardians in EPIC guardianships now, just like they have always been able to do for DD guardians. The law will also allow standby guardians to fill in
- [Secret Trusts Quietly Arrive](https://mielderlaw.com/plan-to-be-100/secret-trust-arrives-quietly/) - You can now draft a trust the terms, and even the existence, of which need not be disclosed to one or more of the trust beneficiaries. The authority for what is commonly called a “secret trust” is spelled out in a new section of EPIC. Click here to read Michigan’s new MCL 700.7409a. Although
- [Epic changes to EPIC numbers](https://mielderlaw.com/plan-to-be-100/epic-changes-to-epic-numbers/) - I don’t usually track or write about these things, and maybe everyone except me already knew this – but I was surprised to learn that many of the numbers that are important in the realm of estate administration have been freshened up. To me, the Big Two are: Transferring titles to vehicles via the Secretary
- [Maybe I’m Crazy](https://mielderlaw.com/plan-to-be-100/12859/) - I found this case interesting, or at least interesting enough, and with nothing else to write about this week, well… JL’s Bad Day JL showed up at a hospital and tells the people in the emergency room that he got hit on the head by someone at a meth lab that he stumbled upon
- [Guardian has Right to Proper Removal](https://mielderlaw.com/plan-to-be-100/guardian-has-right-to-proper-removal/) - Appellant is appointed co-plenary guardian over her developmentally disabled child. During a review hearing at which Appellant was not present, the Court heard from various witnesses, as well as the guardian ad litem, each complaining about Appellant’s obstructive and unproductive behaviors. Those concerns (and the fact the Appellant had yet to file an acceptance),
- [Dead Control Freak Gets His Way](https://mielderlaw.com/plan-to-be-100/dead-control-freak-gets-his-way/) - Appellant is a one-quarter (25%) beneficiary of her parents’ joint trust. But after Mom dies, Dad amends the trust to say that she only gets the gift if she informs her estranged child who his father is. She doesn’t do it. In the unpublished decision of In Re Bernard Boutet Revocable Living Trust, the
- [Sly and the Family Feud](https://mielderlaw.com/plan-to-be-100/sly-and-the-family-feud/) - This twisted story is full of sound and fury, but signifies only, I think, that an agent appointed under a power of attorney by a pro per party is not thereby elevated to the status of that pro per party; and to the extent that agent attempts to speak for or argue on behalf
- [Day Late Wedding Leaves Maybe-Widow Short](https://mielderlaw.com/plan-to-be-100/day-late-wedding-leaves-maybe-widow-short/) - Sandra and Leroy obtained a marriage license, hired a pastor and went through with a marriage ceremony in a church. Two of Leroy’s six children were in attendance. The opinion doesn’t reveal what Sandra wore or whether either of Leroy's children cried. What it does say is that, when Leroy died several years later,
- [COA Finds Middle Ground in Farm Family Feud](https://mielderlaw.com/plan-to-be-100/coa-goes-halfway-in-farm-family-feud-case/) - This is a classic farm family story. If you practice in any rural areas, you’ve probably heard this one before. Dad and Son farm together for decades on land owned (in trust) by Dad and Mom. At some point Dad phases out of actively farming and Son does it all. But Son still consults
- [What I Read is “Love”](https://mielderlaw.com/plan-to-be-100/what-i-read-is-love/) - The tragic aspects of this case touched me. The outcome troubles me. How could it not? An adult child of a severely demented parent took her mother out of the nursing home, put her mother to bed, got a gun, climbed in bed with her, and killed both herself and her mother. Before pulling
- [Medicaid Planning with Protective Orders on Life Support](https://mielderlaw.com/plan-to-be-100/medicaid-planning-with-protective-orders-on-life-support/) - There’s a new case from the Michigan Court of Appeals involving the use of protective orders in probate court to establish an elevated protected spousal amount and to increase the community spouse income allowance. Bottom line: The protective order in this case was ineffective in achieving either objective because it was filed before the
- [Free to Be You and Me](https://mielderlaw.com/plan-to-be-100/free-to-be-you-and-me/) - In Shakespeare’s plays, the word always employed to describe the relationship between parent and child is “natural.” People who honor their biological parents and follow their direction are behaving in the way nature intended. Characters who behave otherwise are “unnatural.” “Family” as the product of genetics is an idea well-rooted in Western civilization, and I
- [COA Explains Leave to Amend](https://mielderlaw.com/plan-to-be-100/coa-explains-leave-to-amend/) - This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires” as it appears in MCR 2.118(A)(2). A surviving spouse disputes the accuracy of an inventory of the deceased spouse’s trust. Trustee asserts that, by doing so, the
- [Probate Jurisdiction nets Ladybird Deed in Will and Trust Contest](https://mielderlaw.com/plan-to-be-100/probate-jurisdiction-nets-ladybird-deed-in-will-and-trust-contest/) - A jury trial was held in a probate court on the validity of the various estate planning documents, including a will, a trust and a ladybird deed. The jury found that the decedent lacked capacity and that the documents were the product of undue influence. Accordingly, the trial court entered an order setting aside
- [More Privacy in 2024](https://mielderlaw.com/plan-to-be-100/more-privacy-in-2024/) - If you’re as old as me, it is unfathomable how “un-private” the world has become. But at least the SCAO is making sure Michigan probate court files won’t be the place where identity theft goes down. In case you haven’t heard, starting January 1, when you open a decedent’s estate, you will be required
- [State Reveals Frank and Frightening Plan for LTC COVID Colonies](https://mielderlaw.com/plan-to-be-100/state-reveals-frank-and-frightening-plan-for-ltc-covid-colonies/) - Yesterday, the State released policy authorizing the creation of “Regional Hubs” to which COVID affected persons in long term care, or needing long term care services, would be transferred and housed. As I understand the policy, these COVID patients could come from hospitals, other nursing homes, assisted living facilities (licensed and unlicensed), PACE and Waiver
- [Big Medicaid Win (but not for LTC)](https://mielderlaw.com/plan-to-be-100/big-medicaid-win-but-not-for-ltc/) - While most of the readers of this blog have some interest in cases involving Medicaid funded in-home care services; as elder law attorneys, most of us think primarily about Medicaid’s long-term care (LTC) benefits, including MI Choice Waiver. This case is not about that. This case is about Medicaid in-home care services for persons
- [Bad Actor Tagged Twice](https://mielderlaw.com/plan-to-be-100/bad-actor-tagged-twice/) - The Players Brohl is an old man in a senior living complex. Until shortly before his death, he had about $233,000 in the bank. He’s dead now and the other two players, Thon and Woodcock, are fighting over the money. The case identifies Thon as being “apparently” a stepchild of a deceased sibling. Woodcock
- [Ding Dong (My Take on the Future of the Legal Profession)](https://mielderlaw.com/plan-to-be-100/ding-dong-my-take-on-the-future-of-the-legal-profession/) - I don’t share the gloomy predictions of many of my colleagues about the future of our profession. The internet in general, and Legal Zoom type products in particular, don’t worry me. While I agree that change is at hand, I don’t perceive that things will be worse when the sun come up again –
- [The Veteran](https://mielderlaw.com/plan-to-be-100/the-veteran-with-love-to-our-veterans-on-this-veterans-day/) - He came in using a walker – clearly shaking, very unsteady - with extensive bruises on both arms. When I saw on the questionnaire that he was 71 years-old, I was surprised. I would have guessed he was older. He was accompanied by a friend/caregiver. As the meeting progressed I came to understand that another
- [Resisting the Bucket List Mirage (aka More Naps Would be Good  )](https://mielderlaw.com/plan-to-be-100/resisting-the-bucket-list-mirage-aka-more-naps-would-be-good/) - 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
- [We Do Grow Young Again](https://mielderlaw.com/plan-to-be-100/we-do-grow-young-again/) - In the house of the old couple that passed, the furniture was outdated, the carpeting worn, the window dressings shabby. I have been in houses like this many times before. A house trapped in a time period long past. It was typical. The family commented – apologetically: “they had the money” and “we never
- [Top Post Countdown for 2016](https://mielderlaw.com/plan-to-be-100/top-post-countdown-for-2016/) - Because I knew you were curious, following are the plantobe100 posts that got the most views in 2016. To re-read these posts, just click on the name. Honorable mention (sixth place) goes to the only touchy feely post to break the top ten. We Do Grow Young Again Fifth Place was about the Court
- [The Romance of the Law](https://mielderlaw.com/plan-to-be-100/the-romance-of-the-law/) - Friday I attended the swearing in of my daughter – that is, she is now a lawyer – like me. The ceremony is full of high-minded thoughts, an oath that includes archaic phrases, and lots of hugs and smiles. In the daily practice of law it’s easy to get caught up in the complexities of
- [The Office in Abilene](https://mielderlaw.com/plan-to-be-100/sunday-morning-story-the-office-in-abilene/) - Last week we had an open house for our Southfield Office. Please stop by sometime. We’re at 26211 Central Park Blvd., Suite 200. And while you’re there, you might notice that Amy Tripp’s office has some unusual decorations, including the cowhide chairs pictured above, as well as a poster of the John Wayne movie
- [Back from the UP, Reading Ford](https://mielderlaw.com/plan-to-be-100/back-from-the-up-reading-ford/) - I guess this post is about Michigan. It should be a Sunday post – but I’m on vacation so: Like most native Michiganders, I love the U.P. and thanks to Susan Wideman and Paul Sturgul for allowing me to present to the Elder Law for Yoopers Program this past weekend. There’s just something about
- [The (Dysfunctional) Family Prayer](https://mielderlaw.com/plan-to-be-100/the-dysfunctional-family-prayer/) - With the holiday season coming – and thinking about my elder law practice and clients – I came up with this idea. Please don’t take offense – it is meant to be a joke – more or less. Dear ______ As we gather together during this holiday season we recognize and acknowledge that all
- [My Million Marbles Memories](https://mielderlaw.com/plan-to-be-100/my-million-marbles-memories/) - This occurred some years ago, when I had more time, the firm was so much smaller, and the types of cases I handled and clients I saw were more diverse. I miss those days, but life goes on and we can’t have everything. What I have now is good too. I don’t remember her
- [COA Upholds Family Cottage Uncapping in Published Case](https://mielderlaw.com/plan-to-be-100/family-cottage-uncapping-case-is-published/) - In the seemingly endless debate about how to best plan for multi-generational management of a family cottage, there are several schools of thought. Some planners promote using trust agreements, others favor various types of partnerships or corporations. But whatever form is employed, careful attention is always paid to the impact of conveyances on property
- [A Win for Uniformity](https://mielderlaw.com/plan-to-be-100/a-win-for-uniformity/) - The BIG NEWS in the Michigan probate and elder law world is that Governor Whitmer has signed the Uniform Durable Power of Attorney Act (“UPOAA”) into law. The effective date, as I understand it, will be July 1, 2024 The UPOAA relates only to financial power of attorneys (FPOAs) and represents no change to
- [COA Locates Law for PR Removal](https://mielderlaw.com/plan-to-be-100/coa-locates-law-for-pr-removal/) - Parent dies leaving no surviving spouse and two kids: Amos and Rita. A year after Parent dies, Rita applies to open an intestate estate and have herself appointed personal representative (“PR”). Amos gets notice but files no response, and so the estate is opened and Rita is appointed. A few months later, Amos files
- [COA addresses Capacity to Execute Deed](https://mielderlaw.com/plan-to-be-100/coa-addresses-capacity-to-execute-deed/) - Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a valid deed. Child’s evidence includes her own testimony about finding Anna in a filthy and unresponsive state four months prior to the deed, which discovery prompted her
- [Seed of Hegadorn Targets SBO Planning](https://mielderlaw.com/plan-to-be-100/sbo-planning-undermined-by-seed-of-hegadorn/) - The Michigan Court of Appeals has issued a published decision in the matter of Hegadorn v DHHS (click on the name to read the case). Yes, you've heard the name before. This case is like a bad horror movie series – the sequels just keep coming. Happy Halloween. Ten Years Mary Ann Hegadorn entered
- [Bloody Thursday](https://mielderlaw.com/plan-to-be-100/bloody-thursday/) - June 1 2017 was a bad day for Medicaid planners who pinned their hopes on the Court of Appeals to reverse a string of losses. The Court issued three opinions, all unpublished. Two of them are substantive losses; the third a pyrrhic victory. In the combined cases of Hegadorn v DHHS (click here to
- [Devo Theory Falls Short](https://mielderlaw.com/plan-to-be-100/devo-theory-falls-short/) - The story goes: Child is living in Parent’s house prior to Parent’s death, and continues to do so for an extended period thereafter. At some point after the estate is opened, the Probate Court orders the Child removed so that the house can be sold. The Probate Court also assesses the Child rent for
- [Discovery Deviousness leads to Dismissal](https://mielderlaw.com/plan-to-be-100/discovery-deviousness-leads-to-dismissal/) - Although, In Re Gregory Hall Trust is a published decision arising out of trust litigation, the case is really about discovery sanctions. [Click on the name to read the case.] The Set Up Greg creates a trust leaving everything equally to his three children. Subsequently, Greg takes his house out of trust and transfers
- [The One Year Rule](https://mielderlaw.com/plan-to-be-100/the-one-year-rule/) - The "one year rule" is something I developed counseling clients about adult guardianships, and specifically, when, and if, to file. It comes up in the following situations: Client is an adult child of a demented parent. Parent is in situation that causes child to be concerned about their safety. Things like: they are hoarding and
- [Only in Ann Arbor?](https://mielderlaw.com/plan-to-be-100/only-in-ann-arbor/) - The first time I met my client was early one morning at the Starbucks on Main St. in Ann Arbor. He had flown in the night before, and I had driven down that morning from East Lansing. The Starbucks is a couple blocks from the Courthouse where we had a hearing about his mother, who
- [“Immediate Family” Extended](https://mielderlaw.com/plan-to-be-100/immediate-family-extended/) - This is a probate case in name only. But, as it comes out of a probate court and because it is published, I feel some obligation to address it here. The case holds that “grandchildren and grandparents are immediate family members for purposes of bystander recovery for negligent infliction of emotional distress.” In other
- [Trigger Cases](https://mielderlaw.com/plan-to-be-100/trigger-cases/) - This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding. The subject of the case is only referred to as JLD. I’ll call him “Jack.” Jack was never married and had no kids. He had one sibling,
- [When Did We Criminalize Sharing?](https://mielderlaw.com/plan-to-be-100/when-did-we-criminalize-sharing/) - I have this case that is making me think (well they all do, but this one maybe moreso). I represent a grandson who took over caring for his grandmother’s affairs after his grandfather, her husband, died. He was operating under a financial power of attorney executed by his grandmother. The family is black. I
- [Be Still My Beating Heart](https://mielderlaw.com/plan-to-be-100/be-still-my-beating-heart/) - In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging in what some in the elder law community might see as “business as usual.” If you’re a fan of guardianship reform, the case of In Re Conservatorship
- [No Mistake About It](https://mielderlaw.com/plan-to-be-100/no-mistake-about-it/) - Disinherited Child says: Sure, Mom cut me out of her trust, but that was only because I was going through bankruptcy. Everyone knows, and I can prove, that she was going to put me back in once my bankruptcy situation was resolved. Problem is she became demented before she had a chance to make
- [Ready Fire Aim](https://mielderlaw.com/plan-to-be-100/ready-fire-aim/) - In this newly released unpublished opinion, the Michigan Court of Appeals reverses the trial judge for dismissing an undue influence case without giving the contesting party notice of its intentions. Facts Grandkids are expressly cut out of 2018 trust, and were likewise cut out of 2015 will (the estate planning document immediately predating the
- [Corporate Veils and Trust Creditors](https://mielderlaw.com/plan-to-be-100/corporate-veils-and-trust-creditors/) - In this case we dive into the murky area of creditor rights in Michigan Trust administration, and more specifically, the relationship between creditors of business entities v creditors of a trust which holds such entities. For the sake of simplicity, assume that Entity B owed a debt to Entity A. Entity B is owned
- [April Brings BEM Change on Promissory Notes](https://mielderlaw.com/plan-to-be-100/april-to-bring-bem-change-on-promissory-notes/) - A "BEM Item" is a written rule used by the Michigan Department of Health and Human Services to determine eligibility for Medicaid benefits. BEM Item 400 (aka "BEM 400") is the primary source of rules relating to the availability of assets in determining eligibility for long term care Medicaid, and some other Medicaid programs. BEM
- [COA Examines Restraints on Alienation](https://mielderlaw.com/plan-to-be-100/coa-reviews-common-law-restraints-on-alienation/) - In Re Estate of Virgil F. Hoppert is a published Michigan Court of Appeals decision. And while Hoppert arises out of a probate court decision in a decedent’s estate, it has much more to do with real property law than probate law. [Click on the name to read the case.] The Story A, B
- [Notable BEM Changes](https://mielderlaw.com/plan-to-be-100/notable-bem-changes/) - This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and Medicaid policy. As of March 1, language in BEM 405 (Divestment) seems to fulfill prior threats from the Department of Health and Human Services to treat transfers
- [COA Spits on Fancy Trust Assignment](https://mielderlaw.com/plan-to-be-100/coa-spits-on-fancy-trust-assignment/) - What if A creates an irrevocable trust appointing B and C as immediate co-Trustees, and A, B and C all sign a so-called “declaration of trust ownership” which is separate from the trust agreement itself and which declares that all of A’s bank accounts and investment accounts are to be treated as trust property;
- [Medicaid Homestead Change = Small Potatoes](https://mielderlaw.com/plan-to-be-100/medicaid-homestead-change-small-potatoes/) - The details of a previously announced (and blogged about) change to the definition of an exempt homestead for Medicaid has been revealed, and it turns out to be a rather minor adjustment. Specifically, the rule that is applied when a Medicaid applicant owns more than one residence has been changed so that instead of
- [COA Dives into Temporary Fiduciaries](https://mielderlaw.com/plan-to-be-100/coa-dives-into-temporary-fiduciaries/) - I would be going too far to say that this recently released Court of Appeals opinion is one of the most important cases of the year. But for those of us who handle a lot of guardianship and conservatorship matters, it may be one of the most helpful. If you do this work, you
- [Nuances of the Presumption](https://mielderlaw.com/plan-to-be-100/nuances-of-the-presumption/) - In this age of exploitation of vulnerable adults, undue influence is often the only legal theory available. It functions (even thrives) in a grey world where weakness, selfishness, wants, needs and expectations mix and mingle. And as a result of the unique and cloudy environment in which it operates, undue influence displays certain quirky
- [Worst Medicaid Case Ever gets Published](https://mielderlaw.com/plan-to-be-100/ridiculous-medicaid-appeal-gets-published/) - It’s hard to imagine what the lawyer who handled this appeal was thinking. Facts are: In February, Deborah created an irrevocable trust. The terms of the trust provided she retained no rights to any of the trust property. She then transferred her assets, including funds she withdrew from her IRA, into this irrevocable trust.
- [A Saturday Twofer](https://mielderlaw.com/plan-to-be-100/a-saturday-twofer/) - In the cases released by the Michigan Court of Appeals this week, I find two cases that combined provide just enough meat for one juicy nut (aka, blog post). Both cases are unpublished. Siddell and the Six Month SOL on Trusts In Re Ralph A. Siddell Living Trust is a lengthy opinion involving a
- [The End of the PHE](https://mielderlaw.com/plan-to-be-100/the-end-of-the-phe/) - Today, May 11, 2023, marks the end of the public health emergency that began when COVID kicked in just over three years ago. While there are many implications of this event, for Michigan lawyers in the Medicaid planning arena, this means at least two things: Clients receiving Medicaid long term care benefits will now
- [Important Guardianship Case Going Up](https://mielderlaw.com/plan-to-be-100/important-guardianship-case-going-up/) - I posted about In Re Guardianship of Mary Ann Malloy when the Court of Appeals issued a published opinion last fall. The question in the case is whether professional guardians can charge no-fault carriers for services they provide, but which the person appointed as guardian does not personally perform? Or said another way, can
- [Medicaid Exempt Homestead Alert](https://mielderlaw.com/plan-to-be-100/dhhs-issues-cryptic-medicaid-homestead-alert/) - A notice of proposed policy just circulated by the Michigan Department of Health and Human Services alerts planners that a change in the way DHHS defines an exempt homestead is on its way. The policy notice says: The purpose of this bulletin is to update the homestead asset policy for the SSI-Related Medicaid programs
- [Billy and Bud Buy a Tractor](https://mielderlaw.com/plan-to-be-100/billy-and-bud-buy-a-tractor/) - Billie gave Bud money to buy a tractor. Undisputed. (I’m not making up the names.) Bud dies ten years later and Billie comes to Bud’s estate to claim the tractor as collateral for the loan that he says was never repaid Bottom line of this case is that, the reason the Court can’t determine
- [Published Opinion Clarifies Joint Account Rights](https://mielderlaw.com/plan-to-be-100/published-opinion-clarifies-joint-account-rights/) - This case was handled by our firm: Chalgian and Tripp. We represented the Appellant at trial an in the Court of Appeals. This case clarifies a heretofore confusing issue involving joint accounts and the rights of joint account owners pre-death. Most importantly, this case is published. While many cases address the issue of survivorship
- [Surviving Spouse Escapes Trust Box – COA Puts Him Back](https://mielderlaw.com/plan-to-be-100/surviving-spouse-escapes-trust-box-coa-puts-him-back/) - The challenge when planning for second marriages where each of them has children from prior relationships is that the client has to decide how it will go for the surviving spouse when they are dead. There are really only two options: Option A. Unfettered Control. With this approach you give the surviving spouse the
- [Nurse Helps Sick Man … Loses License](https://mielderlaw.com/plan-to-be-100/nurse-helps-sick-man-loses-license/) - The undisputed facts seem to be that a man met a woman at a casino. The man was 75 years-old, had cancer, and had recently lost his spouse of 50+ years. The woman was a nurse and needed a place to stay. The man and the nurse worked out a deal whereby she came
- [Father Finds Little Sympathy in COA](https://mielderlaw.com/plan-to-be-100/father-finds-little-sympathy-in-coa/) - It’s hard to imagine a legal proceeding more painful than one at which parents argue over how to divide the proceeds from a lawsuit following their child’s death. James and Jennifer had a child who grew up to have serious mental health challenges, and who died of suicide under circumstances that gave rise to
- [Devisee can Claim Tax Sale Excess](https://mielderlaw.com/plan-to-be-100/devisee-can-claim-tax-sale-excess/) - In Re Petition of Emmet County Treasurer for Foreclosure is a published decision. [Click on the name to read the case.] Dona owned a house that went into foreclosure while she was alive. The property was sold at a tax sale after her death. At the tax sale, the property sold for substantially more
- [COA Clarifies Actions Under Section 1205](https://mielderlaw.com/plan-to-be-100/coa-clarifies-actions-under-section-1205/) - MCL 700.1205 is a section of EPIC that provides a unique method for discovery. Part 1 of that statute says: (1) The court may order a person to appear before the court and be examined upon the matter of a complaint that is filed with the court under oath by a fiduciary, beneficiary, creditor,
- [Collectability of Oral Family Loans](https://mielderlaw.com/plan-to-be-100/collectability-of-oral-family-loans/) - A new unpublished decision from the Michigan Court of Appeals looks at a dispute over several intra-family oral loans. In the course of an unusually lengthy opinion, the reader is provided a comprehensive course on when, to what extent, and for how long, such loans remain collectible. Albeit not a probate case per se,
- [COA Affirms Conservator’s Ladybird Deed](https://mielderlaw.com/plan-to-be-100/coa-affirms-conservators-ladybird-deed/) - The important holding in this case is that a conservator can execute a ladybird deed without first asking for court permission. The facts and other nuances of the case have the potential to cloud this otherwise important rule (as important as a rule can be in an unpublished opinion). The Story: Married homeowners Dale
- [Another Deed in the Drawer goes Bad](https://mielderlaw.com/plan-to-be-100/another-deed-in-the-drawer-goes-bad/) - Husband and Wife own homestead as tenants by entireties. Prior to leaving for a trip, they execute a deed conveying their homestead to themselves as co-trustees of their joint trust. They give the deed to their attorney with the instruction that he record the deed only in the event that they die simultaneously on
- [I Got COA - L for Christmas](https://mielderlaw.com/plan-to-be-100/i-got-coa-l-for-christmas/) - So, I took this case just to handle the appeal. I wasn’t involved in the lower court actions, and they were a mess. What attracted me was one issue that I believed, and still believe, made the appeal fun and exciting. It was this: On February 25, 2019, Macomb County Probate Judge Harrison appointed
- [A Winter’s Tale](https://mielderlaw.com/plan-to-be-100/a-winters-tale/) - Throw another log on the fire and get comfortable. It’s going to take a minute to explain this case. Act I Evelyn’s Will includes several hundreds of thousands of dollars in specific devises, with the residue to a person named Bishop. Evelyn is also lifetime income beneficiary of a self-settled revocable trust, which leaves
- [COA Distinguishes Beneficiary Classes under MTC](https://mielderlaw.com/plan-to-be-100/coa-distinguishes-beneficiary-classes-under-mtc/) - In this recently released unpublished decision, the Michigan Court of Appeals identifies four types of persons who are entitled to information about trust administration under the Michigan Trust Code. The case is called: In Re Henry Hawkins Memorial Family Educational Trust (click on the name to read the case). Hawkins Trust is about a
- [Patient Advocate Removed for Advocating](https://mielderlaw.com/plan-to-be-100/patient-advocate-removed-for-advocating/) - In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating too stridently, and a public guardian is appointed. The trial court did it, and the Court of Appeals affirmed it. The case is unpublished. In this case,
- [Published Case Lets Bank Trustee Off the Hook](https://mielderlaw.com/plan-to-be-100/published-case-lets-bank-trustee-off-the-hook/) - The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches. When such a report is issued in accordance with the statute, any claim for breach by a beneficiary is barred after one year. Specifically, MCL 700.7905(1)(a) says: (a) A trust
- [Deed Case Feels Like Law School Question](https://mielderlaw.com/plan-to-be-100/deed-case-feels-like-law-school-question/) - This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own property as tenants in common. Deed 1: From A and B to A, B and C as joint tenants (not expressly with rights of survivorship) Deed 2:
- [COA Endorses Guardian Delegation in Published Opinion](https://mielderlaw.com/plan-to-be-100/coa-endorses-guardian-delegation-in-published-opinion/) - This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a guardian of a legally incapacitated individual. The case addresses the question of what, if anything, a court-appointed professional guardian actually has to do herself or himself vis
- [October Brings Bitcoin Rules and Waiver Snapshot Clarity](https://mielderlaw.com/plan-to-be-100/october-brings-bitcoin-rules-and-waiver-snapshot-clarity/) - The Michigan Department of Health and Human Services has given notice of Medicaid policy changes taking effect October 1, 2022. I’ll comment on two of those changes: First, DHHS will provide policy on how to value cryptocurrency (an asset type that had not previously been addressed). What the policy will say is: The value
- [Beneficiary Can’t Sue Attorney for PRs](https://mielderlaw.com/plan-to-be-100/beneficiary-cant-sue-attorney-for-prs/) - Kathryn is one of four co-personal representatives of an estate. She is also a beneficiary. Kathryn believes that the attorney that represents her and the other co-PRs provided negligent advice which caused the estate to be diminished. Kathryn sues the attorney for legal malpractice in her capacity of a beneficiary. In Muvrin v Cooper, the
- [COA puts Finer Point on Probate Jurisdiction](https://mielderlaw.com/plan-to-be-100/coa-puts-finer-point-on-probate-jurisdiction/) - In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that the appointment of a guardian and conservator over him is warranted. At the initial hearing, evidence is presented that although Mr. Layton may be physically frail, he
- [“Tortious Interference with an Inheritance” Fails in Unpublished Decision](https://mielderlaw.com/plan-to-be-100/tortious-interference-with-inheritance-fails-in-unpublished-decision/) - In Biondo v Shellenbarger (click on the name to read the case) Appellants are children cut out by their parents’ wills. Appellee is the child who received the entire ($5 million) estate. The procedural history from the trial court goes like this: Appellee initiates a probate proceeding to have the parents’ wills admitted. Appellants contest
- [Medicaid Planners Consider Move to Circuit Court](https://mielderlaw.com/plan-to-be-100/medicaid-planners-consider-move-to-circuit-court/) - Over the years I’ve written about many appellate cases which began when an attorney went to court to engage in Medicaid planning. Almost all of those cases arose from probate court decisions. A few months ago, I wrote about a Medicaid planning case that came up from the circuit court. Today’s post is about
- [Beneficiary Designation Dispute Elevates Contract over Intent](https://mielderlaw.com/plan-to-be-100/beneficiary-designation-dispute-elevates-contract-over-intent/) - Omari owned several life insurance policies on his own life. He established beneficiary designations on those policies, giving the death benefit proceeds to various people. Later he filed change of beneficiary forms with the insurance company, directing that all policies should be paid to his estate upon his death. The insurance company rejected the
- [Court Terminates Irrevocable Trust when Circumstances Change](https://mielderlaw.com/plan-to-be-100/court-terminates-irrevocable-trust-when-circumstances-change/) - Talonda was injured in a car accident as a child. An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal injury settlement. Turns out the traumatic brain injury she experienced following the accident was not altogether disabling. In fact, by the time she was 34 years-old she
- [And In Other News](https://mielderlaw.com/plan-to-be-100/and-in-other-news/) - Let’s take a break from COVID things and look at a new published opinion out of Marquette and an unpublished opinion from Mt. Clemens. Getting Greiff over Erwin When the Court of Appeals drops an F bomb in the first paragraph you can guess where this case is going. It’s going to demonize the mean,
- [Federal Preemption Limits Probate Court’s Authority over Social Security Benefits](https://mielderlaw.com/plan-to-be-100/federal-preemption-limits-probate-courts-authority-over-social-security-benefits/) - This post is about a published opinion which looks whether, and to what extent, a probate court can exercise authority over Social Security benefits paid to a person under the court’s protection. As probate practitioners know, when someone subject to an EPIC conservatorship or a plenary guardianship under the mental health code (aka “DD
- [Michipremes Do Right in Kermath](https://mielderlaw.com/plan-to-be-100/michipremes-do-right-in-kermath/) - I previously posted (even wrote an article) about this case. The story is that Virginia Kermath, a demented elder, got locked out of a care home and froze to death. The facility’s defense was that they were an “independent living” facility and assumed no duty to protect this person from dangers presented by her cognitive
- [Michipremes Release Von Greiff](https://mielderlaw.com/plan-to-be-100/michipremes-release-von-greiff/) - The Michigan Supreme Court has released its long-awaited decision in In Re Estate of Hermann A. Von Greiff (click on the name to read the majority opinion). This is second case in four years that the MSC has decided on the subject of what it means to be “willfully absent” in the context of
- [Michipremes Ponder the Space between Absent and Divorced](https://mielderlaw.com/plan-to-be-100/michipremes-ponder-the-space-between-absent-and-divorced/) - The Michigan Supreme Court has ventured back into probate law, this time to explain the rules for determining what it takes to prove that one spouse was “willfully absent” from the other pursuant to MCL 700.2801(2)(e)(i). It’s another lengthy opinion, and again there is significant division among the Justices. In Michigan, if a married
- [The End is Near](https://mielderlaw.com/plan-to-be-100/the-end-is-near/) - The long holiday during which no Medicaid cases have been closed, and annual renewals have not been required, is about to come to an end. The Michigan Department of Health and Human Services has issued two notices of proposed policy which indicate that with the end of the federal health emergency will come an
- [Published Opinion Remembers Dower](https://mielderlaw.com/plan-to-be-100/published-opinion-remembers-dower/) - Greg and Constance were married. In 2003, during the marriage, Greg received property via a deed which did not include any reference to Constance. In 2006, while still married, Greg deeded the property to Lori and Matt, again without reference to Constance. The Michigan legislature abolished dower in 2017. Constance died in 2018. Greg died
- [COA Rescues DIY Deed Drafter](https://mielderlaw.com/plan-to-be-100/coa-rescues-diy-deed-drafter/) - In this unpublished opinion, a caregiver child adds a parent to the title to her duplex in order to avoid a duplicate garbage fee. She does so by drafting her own quitclaim deed, which deed conveys the property from herself to herself and her parent with no further clarification on the nature of their
- [COA Makes Miraculous Medicaid Turnaround](https://mielderlaw.com/plan-to-be-100/coa-makes-miraculous-medicaid-turnaround/) - Last week I posted about a Court of Appeals opinion called In Re Richard Lee Conrad. In that post, I complained that a three-judge panel of the COA had swallowed the ridiculous rantings of the assistant Attorney General related to the use of probate court protective orders in Medicaid planning, hook, line and sinker,
- [COA Issues Misguided Opinion on Medicaid Planning](https://mielderlaw.com/plan-to-be-100/coa-issues-misguided-opinion-on-medicaid-planning/) - In the end, the only thing that matters about this case is that it is unpublished. And that’s good. Otherwise, Conrad v Michigan Department of Health and Human Services serves as a reminder, that there are still plenty of people out there, including judges on the Court of Appeals, who neither like nor understand
- [Lessons from Logan](https://mielderlaw.com/plan-to-be-100/lessons-from-logan/) - This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust. The case offers food for discussion on several topics, including the question of whether, and if so when, legal fees incurred by a trustee can serve as a basis for their removal. The case
- [COA Labors to Defeat Joint Account Claim](https://mielderlaw.com/plan-to-be-100/coa-labors-to-defeat-joint-account-claim/) - Eldon and Constance divorce in 1992. Eldon dies in 2020 never having removed Constance’s name from a joint bank account. When they divorced, the account held $1,481.00. When Eldon died, it had $144,000. The Judgment of Divorce (“JOD”) does not say anything about this specific account or joint assets in general. It says only
- [Ademption Doesn’t Apply to Cash Gifts](https://mielderlaw.com/plan-to-be-100/ademption-doesnt-apply-to-cash-gifts/) - You wonder sometimes what people are thinking when they argue cases that seem like obvious losers, and even more so when these cases go up on appeal. The unpublished opinion of In Re Barbara A. Young Living Trust is one such case. (Click on the name to read the case.) In this case, the
- [Off Topic:  Embryos and Orbiter Dictum](https://mielderlaw.com/plan-to-be-100/off-topic-frozen-embryos-and-orbiter-dictum/) - Sarah and David are getting divorced. They have four kids, all produced through in vitro fertilization. The eggs were from Sarah’s sister. The sperm was David’s. At the time of the divorce, one embryo remained frozen. In the divorce proceeding, Sarah’s counsel argues that the embryo is martial property (not a human being). In
- [COA Upholds Separate Maintenance for Medicaid Planning](https://mielderlaw.com/plan-to-be-100/coa-upholds-separate-maintenance-for-medicaid-planning/) - Stacy v Stacy, involves the validity of a separate maintenance agreement entered into for Medicaid planning purposes. [Click on the name to read the case.] Husband is in the nursing home. Wife is at home. Wife’s attorney draws up a separate maintenance agreement giving wife all of husband’s income. Husband signs off. Trial judge
- [This Could Get Interesting](https://mielderlaw.com/plan-to-be-100/this-could-get-interesting/) - The Michigan Supreme Court is considering a case involving the issue of a medical provider and Michigan law regarding surrogate decision-making. Specifically, Margaret Roush was a resident of the Laurel’s of Carson City, a skilled nursing facility. Click here for Court of Appeals decision. Ms. Roush had nominated a patient advocate. On October 24, 2012,
- [COA on Brody Trust Remand: We Were Both Right](https://mielderlaw.com/plan-to-be-100/coa-on-brody-trust-remand-we-were-both-right/) - In what should be the last chapter in the Rhea Brody Trust saga, the Court of Appeals has released its decision resulting from a Michigan Supreme Court Order remanding the case to the COA. As previously discussed here, confusion was created by the first Brody Trust decision (“Brody I”) regarding whether a child/beneficiary has standing to initiate
- [Judge Rips Lawyers and Gets Reversed (but not removed)](https://mielderlaw.com/plan-to-be-100/judge-rips-lawyers-and-gets-reversed-but-not-removed/) - There probably are some legal points to glean from this unpublished opinion, like maybe it’s not ok for a probate judge to disband a trust out of frustration, or remove a trustee without specifically identifying the grounds for doing so. But if you decide to read this case, it should be for the entertainment
- [“Effective” Counsel Required in Probate Court](https://mielderlaw.com/plan-to-be-100/effective-counsel-required-in-probate-court/) - This is a published decision emanating from a probate court. It deals with the rights of a respondent in a mental health commitment hearing. In Re Chad Londowski (click on the name to read the case) holds that a person who is subject to a psychiatric commitment may assert, as a basis on appeal,
- [No Second Bite for State in Medicaid Appeals](https://mielderlaw.com/plan-to-be-100/no-second-bite-for-state-in-medicaid-appeals/) - In a published opinion, the Michigan Court of Appeals clarifies that State agencies who lose Medicaid cases at the administrative level have to live with the results. Although the case arises out of a dispute involving services provided by the Community Mental Health Department, the legal foundation for the Court’s opinion would seem to
- [Court of Appeals Upends Medicaid Caregiver Policy](https://mielderlaw.com/plan-to-be-100/court-of-appeals-upends-medicaid-caregiver-policy/) - I started out calling this post, “Court of Appeals Confuses Medicaid Caregiver Policy” – but having reread the case, “Upends” seems to be a more accurate description. The case is Jensen v Department of Human Services. Click here to read the opinion. The only good thing about the case is that it is unpublished (not
- [Spouse Drops Pass from Dead Husband](https://mielderlaw.com/plan-to-be-100/surviving-spouse-drops-pass-from-dead-husband/) - Seems pretty simple. John died. His spouse, Ruth, survived him. John’s Trust says Ruth can withdraw all or some of the assets in the trust following his death provided she prepares a written document exercising that right and files it with the probate court at least a month before his federal estate tax return
- [Copy of 706 is Reasonable Request of Trust Beneficiary](https://mielderlaw.com/plan-to-be-100/copy-of-706-is-reasonable-request-of-trust-beneficiary/) - In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information with trust beneficiaries. Certain remainder beneficiaries asked the Trustee to provide a copy of the Form 706 (the Federal Estate Tax Return) of the deceased settlor. The
- [Seeing Redd](https://mielderlaw.com/plan-to-be-100/seeing-redd/) - Here’s another important published opinion on the topic of adult guardianships. The case is about the removal of a guardian of an adult ward appointed under EPIC. The case deals with the very common, and therefore very important, situation in which a guardian is using its position to undermine healthy family relations. In this case, the
- [Lewis and the Little Lady](https://mielderlaw.com/plan-to-be-100/lewis-and-the-little-lady/) - It’s a situation many of us have seen before: one spouse (typically the wife) signs papers she doesn’t understand, putting marital property into a trust set up by the husband, and then, when husband dies, she realizes that may not have been a great idea. These are the essential facts underlying a recently released
- [ILIT Survives Termination Attempt](https://mielderlaw.com/plan-to-be-100/ilit-survives-termination-attempt/) - [This post involves tax planning concepts and jargon. Some readers might benefit from a refresher on these topics before diving in. I’ve attempted to provide that refresher at the end of the post. Feel free to start there.] Settlor creates an irrevocable life insurance trust (aka “ILIT”) in 1996. Three of his nine children are
- [Privacy Rights Thwart Paternity Claim](https://mielderlaw.com/plan-to-be-100/privacy-rights-thwart-paternity-claim/) - This is a published decision about DNA and paternity. In short, when someone wants to establish their biological relationship to a dead person, the scope of individuals from whom a court can compel genetic material is narrowly limited under Michigan law. To read In Re Estate of Terry L. Seybert, click on the name.
- [COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist](https://mielderlaw.com/plan-to-be-100/coa-contorts-itself-to-hold-that-a-conservator-and-next-friend-can-coexist/) - In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against Spouse A. Spouse A points out that MCR 2201(E) does not allow a next friend to be appointed over an incompetent person when there is a conservator
- [“F Principle” and Other Things I Say](https://mielderlaw.com/plan-to-be-100/f-principle-and-other-things-i-say/) - I’m lucky to be busy – so I get to tell potential clients what I really think of their cases. And what litigation is really like. Some hire me anyhow. For what it’s worth, here are some of my most worn out lines: It's Not What You Think My Three Rules of Litigation It
- [AFCs Not Protected by Med Mal Law](https://mielderlaw.com/plan-to-be-100/afcs-not-protected-by-med-mal-law/) - In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject only to medical malpractice claims, does not apply to Adult Foster Care Homes In Miller v Angel’s Place (click on the name to read the case), a
- [Capacity Case Illustrates Witness Weight](https://mielderlaw.com/plan-to-be-100/capacity-case-illustrates-witness-weight/) - This unpublished opinion provides an opportunity to discuss the types of witnesses that are often involved in lack of capacity and undue influence cases, and how they are weighed at the trial level. The case of is called In Re Estate of Aurelia Rokosky (click on the name to read the case). Aurelia lived
- [2021 Ends Well for Tato the Dog](https://mielderlaw.com/plan-to-be-100/tato-gets-reprieved/) - This post is unrelated to probate or elder law. While reading newly released cases from the Michigan Court of Appeals, I saw this case: In Re Tato. [click on the name to read the case.] First thing I learned is that there are cases that are named after animals, or at least dogs. Second
- [Credit Union Cluster Costs Kid](https://mielderlaw.com/plan-to-be-100/credit-union-cluster-costs-kid/) - Spouse A owns an account at credit union. On a certain date, Spouse A and Spouse B complete a form titled “application” in order to make Spouse B a joint owner of the account with Spouse A. The backside of that application, which provides a spot for a beneficiary to be named, is left
- [“Contingent Claim" is Timely Filed](https://mielderlaw.com/plan-to-be-100/defense-lawyers-contingent-claim-is-timely-filed/) - This newly released published opinion looks at a question about when a “claim arises” under MCL 700.3803(2)(b). Parents of a child who died at birth, acting as personal representatives of the deceased child’s estate, sued a medical provider for malpractice. The case went to a jury and the jury returned a finding of "no
- [Stepchild Inheritance Blocked by EPIC in Published Opinion](https://mielderlaw.com/plan-to-be-100/stepchild-inheritance-blocked-by-epic-in-published-opinion/) - Childless Joseph marries Sally in 1993. Sally comes into the marriage with one child, Katelyn, then aged 8. In 2005 Joseph and Sally prepare estate plans, including Joseph’s pour-over will in which he refers to Katelyn as a stepchild and a joint Trust, settled by the two of them, in which Katelyn is referred to
- [Section 2503 Grows Up](https://mielderlaw.com/plan-to-be-100/section-2503-grows-up/) - This just in – pretty big news - and pretty interesting – the Michigan Court of Appeals holds, in a published opinion, that a draft of a will, prepared by a lawyer, but never signed by her client, could be a valid will. Click on the name to read In re Estate of Attia.
- [Phone App “document” is a Valid Will in Michigan](https://mielderlaw.com/plan-to-be-100/phone-app-document-is-a-valid-will-in-michigan/) - It happened and it’s published. The Michigan Court of Appeals held, in a published decision, that a paragraph posted by a decedent on his phone is a valid will under Michigan law, and specifically, MCL 700.2503. We’ve discussed Michigan’s uniquely liberal law regarding instruments intended to be wills before. See, for instance, Section 2503
- [Moose Lodge Marriage Buries Litigants](https://mielderlaw.com/plan-to-be-100/moose-club-marriage-buries-litigants/) - In the last few weeks of Lynden’s life, he was heavily medicated and receiving hospice care. Notwithstanding, he showed up for his marriage at the Moose Lodge and soon thereafter visited a lawyer to have his estate plan altered in favor of his new bride. What Lynden understood about either of these events is
- [Capacity to Marry](https://mielderlaw.com/plan-to-be-100/capacity-to-marry/) - Here’s an interesting published Court of Appeals decision that many probate practitioners may have missed, because it came out of a circuit court, but which has significant implications in the arena of financial exploitation of vulnerable adults. In Estate of Ellen S. Mullin v Rene Marco Duenas, the Court of Appeals looked at an action of annulment of
- [Bank’s Successor Does Not Have Standing to Serve as PR](https://mielderlaw.com/plan-to-be-100/banks-successor-does-not-have-standing-to-serve-as-pr/) - An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal. David left a will nominating his child, Katherine, and Northwestern Bank to serve as co-personal representatives. The nomination stated that if either was unavailable, the other
- [Medicaid Modifies Vehicle Exclusion](https://mielderlaw.com/plan-to-be-100/buggies-in-but-campers-out-as-medicaid-exempt-vehicles/) - The Michigan Department of Health and Human Services has decided to update the definition of “vehicle” in the context of its long-term care Medicaid programs. As you may know, a person may exempt one vehicle when they apply for assistance from one of the Medicaid long term supports and services programs. Exactly what types
- [Immunity Protects Testimony in Guardianship Proceedings](https://mielderlaw.com/plan-to-be-100/immunity-protects-testimony-in-guardianship-proceedings/) - This published case arises out of a circuit court action, but relates to the testimony and pleadings of parties to an adult guardianship case. Click here to read Forton v St. Clair County Public Guardian. In the underlying guardianship matter, the spouse of the guardian allegedly provided drugs and alcohol to the ward in return
- [COA Harmonizes Intestacy Laws Involving Non-Resident Decedent](https://mielderlaw.com/plan-to-be-100/coa-harmonizes-intestacy-laws-involving-non-resident-decedent/) - This new published case is about calculating the spousal intestate share in a case where the decedent was not a Michigan resident, but where an estate is opened in Michigan, but not opened in the state where the decedent was residing when he died. Eldridge Huntington Sr. dies a resident of California, leaving no
- [Unconscionable = Another Arrow](https://mielderlaw.com/plan-to-be-100/unconscionable-another-arrow/) - A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation. In In Re Conservatorship of Blossom Lanier, the trial court sets aside a deed purportedly executed by the ward several years earlier, based on a finding that the deed was the product of
- [Attorney-Fiduciary Relationships](https://mielderlaw.com/plan-to-be-100/attorney-fiduciary-relationships/) - A new published circuit court case addresses the often confused issue of who an attorney hired by a fiduciary represents and is accountable to. This is technical stuff, so if you’re not in the mood or you don’t do this type or work, spare yourself and read no further. In Estate of Tyler Jacob Maki
- [Getting Old with Miggy and the Tigers](https://mielderlaw.com/plan-to-be-100/getting-old-with-miggy-and-the-tigers/) - Weirdly, for several years, I have equated myself to Miguel Cabrera. Not that I am a great hall of fame anything – but only because I see myself as an old guy, somewhat of an obstacle to the development of the firm, and probably overpaid for what I can produce now. More the aging
- [Asset Division in a Deathbed Divorce](https://mielderlaw.com/plan-to-be-100/asset-division-in-a-deathbed-divorce/) - After 30 years of marriage, Judy and Robert called it quits. Throughout the divorce trial, Judy was near death and was represented by a guardian/conservator. After the conclusion of the trial, a Judgement of Divorce was entered. Judy died fourteen days later. The Personal Representative of Judy’s Estate appeals the Judgment of Divorce based
- [COA Addresses Family Loans](https://mielderlaw.com/plan-to-be-100/coa-addresses-family-loans/) - Probate lawyers see this issue all the time. Family members borrow money from each other, then the ones who made the loans die leaving questions about the terms of repayment. It becomes dicey because such family loans are often done without all the normal formalities of business transactions. In this case, there were two
- [Writing is not about perfect](https://mielderlaw.com/plan-to-be-100/writing-is-not-about-perfect/) - I write a lot and enjoy it. I have thoughts about the topic of writing, which, for what they’re worth, I offer here: Writing is a habit. I started writing at an early age, and spent a decade as a journalist before becoming a lawyer. I often think that if there was one thing I
- [COA Fixes Deed Case](https://mielderlaw.com/plan-to-be-100/coa-fixes-deed-case/) - Two years ago, in an unpublished decision, the Michigan Court of Appeals held that a trust could hold real property as a joint tenant with rights of survivorship. [I posted about that case at that time, click here to read that post which was titled “Not Making This Up.”] That decision was appealed to
- [Not Making This Up](https://mielderlaw.com/plan-to-be-100/not-making-this-up/) - UPDATE: This case was subsequently appealed to the Michigan Supreme Court which vacated the decision discussed below, and remanded the case to the Court of Appeals. The subsequent opinion holds that a trust cannot hold title to real estate as a joint tenant with rights of survivorship. Click here to read that published opinion. Click
- [MSC Tackles Attorney Referral Fees](https://mielderlaw.com/plan-to-be-100/msc-tackles-attorney-referral-fees/) - We (that is, the law firm of Chalgian and Tripp) pay a lot of referral fees to our colleagues – and our colleagues provide our firm with a lot of work. Because we are so specialized, it works out for the referring attorney (they don’t have to dive deep into an area of law
- [God Bless the “American Rule”](https://mielderlaw.com/plan-to-be-100/god-bless-the-american-rule/) - Somewhere in Wayne County, a demented homeowner falls behind on her mortgage payments. Mortgage company (unaware of the homeowner’s cognitive condition) follows the usual and appropriate procedures to foreclose, and then schedules a foreclosure sale. Conservator is appointed for homeowner. Conservator notifies mortgage company that the homeowner’s dementia is the cause of the default.
- [Ex Can’t Tie Up Trust Distributions](https://mielderlaw.com/plan-to-be-100/ex-cant-tie-up-trust-distributions/) - A former spouse, actively engaged in post-judgment divorce litigation, can’t stop the trustee of her ex-spouse’s trust from distributing trust assets. Barbara Johnson petitioned the probate court to stop the trustees of the trust set up by her recently deceased ex-spouse, Gerald Johnson, from making distributions so that she would have security for yet-to-be-awarded
- [Social Justice Starts Here](https://mielderlaw.com/plan-to-be-100/social-justice-starts-here/) - We like to believe that our society is designed to promote upward mobility – that smart people who work hard will move up the social ladder and that those who aren't so smart or hardworking, will slide down. Or as we say: A fool and his/her money soon go separate ways. But the truth
- [Grandparent Visitation Rules Unaltered by Minor Guardianship](https://mielderlaw.com/plan-to-be-100/grandparent-visitation-rules-unaltered-by-minor-guardianship/) - In this published opinion, Parent 1 dies. Parent 2 has drug issues. The Department of Health and Human Services successfully petitions for a minor guardianship to be established over the child. Deceased parent’s sibling petitions for a visitation schedule to allow the child to spend time with their side of the family. Court grants
- [Published Case Addresses Terminating an Adult Guardian](https://mielderlaw.com/plan-to-be-100/published-case-addresses-terminating-an-adult-guardian/) - The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the guardianship terminated. In denying the ward’s request, the trial court cited the statute for terminating a minor guardianship, and applied the standard from that statute. The Michigan
- [In the Weeds on Sanctions and Costs](https://mielderlaw.com/plan-to-be-100/in-the-weeds-on-sanctions-and-costs/) - In Re Raymond E. VanDamme Irrevocable Trust 10/22/13 arises out of a trust contest case decided by a jury. The parties contesting the validity of the trust (the petitioners) lost. That is, the trust validity was affirmed. The case is unpublished. Click on the name of the case to read it. After the trial,
- [Kids Face Laches for Failing to Read Mom’s Trust](https://mielderlaw.com/plan-to-be-100/kids-face-laches-for-failing-to-read-moms-trust/) - Really interesting facts. Important topic. Well thought out opinion. Plus a persuasive dissent. What more do you want from the Michigan Court of Appeals? In In Re Vivian Stolaruk Living Trust, Mom and Dad create reciprocal trusts and other EP docs. Mom dies in 2003. Her trust splits into marital and family trusts which
- [The Sure Thing](https://mielderlaw.com/plan-to-be-100/the-sure-thing/) - There are no sure things in life. As we see in the case of In Re Estate of Joseph Verga, that statement holds true in the realm of probate litigation. To read the Verga opinion click here. Mercifully, the case is unpublished. Some of the salient facts: On February 12, 2012, a medical doctor evaluated
- [Creditor’s Rights Questions Arise while Winding Up Medical Practice](https://mielderlaw.com/plan-to-be-100/creditors-rights-questions-arise-in-winding-up-medical-practice/) - Dr. Lewerenz died. His office manager, acting as the personal representative of his estate, wound up his medical practice (a single member LLC). In the course of doing so, the office manager/PR was sued by the entity that owned the building in which the doctor maintained his offices. That lawsuit was filed in business
- [PACE Adopts Divestment Rules](https://mielderlaw.com/plan-to-be-100/pace-adopts-divestment-rules/) - SECOND UPDATE: In April 2021, the implementation of the divestment rules to PACE was tabled indefinitely. UPDATE: Due to COVID, implementation of divestment rules to PACE has been moved back to April 2021. The Michigan Department of Health and Human Services has announced that beginning July 1, 2020, Medicaid divestment rules will apply
- [Fun with Scrivener's Error, Collateral Estoppel and Res Judicata](https://mielderlaw.com/plan-to-be-100/coa-brings-clever-litigation-strategies-to-an-end/) - This unpublished opinion explores the differences between res judicata and collateral estoppel, while touching on the limits to using an affidavit of scrivener’s error to clear title to real property. Matt deeded Parcel A to himself and Appellee as joint tenants with rights of survivorship. Then Matt died vesting title in Parcel A in
- [COA OKs Two Year Involuntary Commitment](https://mielderlaw.com/plan-to-be-100/coa-oks-two-year-involuntary-commitment/) - When Nicholas Heidarisafa was first involuntarily committed to a psychiatric hospital, there was no question that he posed a danger to himself and others. He was biting nurses, fighting with police officers, and making bizarre statements about religion, nuclear war and Adolph Hitler. But at the time his social worker petitioned to have his
- [Slippery PR gets Squeezed in Jurisdictional Crevice](https://mielderlaw.com/plan-to-be-100/slippery-pr-gets-trapped-in-jurisdictional-crevice/) - In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and the Michigan Court of Appeals to draw the finest of distinctions between exclusive probate court jurisdiction and concurrent probate/circuit court jurisdiction. The opinion is unpublished. The issue
- [SBO Trusts Are Safe Again](https://mielderlaw.com/plan-to-be-100/sbo-trusts-are-safe-to-use/) - In a one sentence update, the Michigan Department of Health and Human Services announced yesterday that “solely for the benefit policy for spouses trust will not take effect until further notification.” It appears that the Department has shelved any plans to challenge the efficacy of these important planning tools, which has been the subject of
- [Looking at Financial Exploitation as a Drug Deal](https://mielderlaw.com/plan-to-be-100/understanding-financial-exploitation-as-a-drug-deal/) - This is admittedly an offbeat post. Take it for what it’s worth. General Concept We are all dopamine addicts. We spend much of our awake lives seeking validation from others. Dopamine is, from what little I understand about the chemistry of the brain, what we get from being validated by other people (or machines). We
- [Published Opinion Clarifies Burden of Proof for Breach](https://mielderlaw.com/plan-to-be-100/published-opinion-clarifies-burden-of-proof-for-breach/) - The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in a published opinion from the Court of Appeals called In Re Conservatorship of Nina Jean Murray. Click on the name to read the case In this case,
- [COA Says Don’t “Hyperanalyze” Confusing Codicil](https://mielderlaw.com/plan-to-be-100/coa-says-dont-hyperanalyze-confusing-codicil/) - A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent. In In Re Estate of Lorraine Goldie Barker (click on the name to read the case), the decedent leaves a will that was both comprehensible and sensible. It
- [25 years as a lawyer](https://mielderlaw.com/plan-to-be-100/25-years-as-a-lawyer/) - This year marks 25 years in practice for me – yes, it was a second profession – so I am actually 61 years old. Do the math. These are some of the things I’ve learned or have come to believe, in no particular order: Kick and scream to reasonable. The phone always will ring –
- [Lack of Diligence in Discovery Justifies MSD](https://mielderlaw.com/plan-to-be-100/lack-of-diligence-justifies-msd/) - Two siblings each petition to have a different version of Mom’s Will admitted. Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will. The court enters a stipulated scheduling order allowing for 6 weeks of discovery. Having done no discovery prior thereto, six days before discovery ends, Bruce’s attorney issues
- [Crowing About David Shaltz](https://mielderlaw.com/plan-to-be-100/crowing-about-david-shaltz/) - Proud this morning of my friend and colleague David Shaltz for his involvement in an important case out of Minnesota. David isn’t licensed there, but he was allowed to file an amicus brief on behalf of his client “The Special Needs Alliance.” The “SNA” was one of several parties interested in the case of Pfoser
- [Update](https://mielderlaw.com/plan-to-be-100/update/) - In the past few weeks, I’ve interrupted your day with posts about electronic wills and video cameras in nursing homes – now I have to interrupt you again to apologize and let you know that those posts were pointless. Neither of those bills became law. The electronic wills bill died in the State Senate. The
- [Nursing Home Video Surveillance Heading to Gov](https://mielderlaw.com/plan-to-be-100/nursing-home-video-surveillance-heading-to-gov/) - NOTE: THE LEGISLATION WAS VETOED BY THE GOVERNOR AND DID NOT BECOME LAW. Unless the Governor vetoes the bill, at some point in the future, Michiganders will be able to virtually peep on their loved ones in nursing homes, much like they do their children in daycare. The new law requires forms to be
- [On the Brink](https://mielderlaw.com/plan-to-be-100/on-the-brink/) - NOTE: THE LEGISLATION DISCUSSED BELOW DID NOT MAKE IT OUT OF THE SENATE AND DID NOT BECOME LAW. Michigan might be on the brink of allowing for “electronic wills.” Yesterday the State Senate took up a law that had already cleared the State House. Essentially, an electronic will is one that can be read
- [Thanks For Reading -  Happy New Year](https://mielderlaw.com/plan-to-be-100/thanks-for-reading-happy-new-year/) - Time flies. Another year of practicing law. Another year of blogging about ageing, probate and elder law. 2020 was the year of COVID and also a year of dramatic developments in Michigan’s Medicaid planning world. Not surprisingly, those two topics dominate the top ten most popular 2020 posts on plantobe100.com. Click on the name if
- [COA Delivers Lump of Coal to Medicaid Planners](https://mielderlaw.com/plan-to-be-100/coa-delivers-lump-of-coal-to-medicaid-planners/) - In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective orders in the context of Medicaid planning. The opinion is published. The fact that both cases come out of Saginaw County is significant. Among probate judges, the
- [SBO Trust  Part 2: Meaning Revealed](https://mielderlaw.com/plan-to-be-100/the-sbo-cat-and-mouse-part-2/) - UPDATE: The start date for the policy discussed in this post was moved until at least March 1, 2021. Just a month ago I wrote about new DHHS policy re the treatment of “solely for the benefit” trusts (aka, “SBO trusts") in Medicaid planning. [See SBO Trusts Targeted Again]. As discussed at the time,
- [Two from the Asplund Clan](https://mielderlaw.com/plan-to-be-100/two-from-the-asplund-clan/) - Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship. At the time of these events, Roberta is in an institutional care setting, The first of these cases comes about when Roberta’s public conservator seeks approval from the
- [Puzzling New Medicaid Policy on Homestead Exemption to Take Effect](https://mielderlaw.com/plan-to-be-100/puzzling-new-medicaid-policy-on-homestead-exemption-to-take-effect/) - Heads Up: If Medicaid planning isn’t your bag, you may want to pass on this post. As of February 1, 2019, Bridges Eligibility Manual Item 400 (aka “BEM 400”) will be changed. For the uninitiated, BEM 400 is the source of Medicaid policy relating to exempt and countable assets. In Medicaid planning, there is
- [Minor Guardianship v Child Custody](https://mielderlaw.com/plan-to-be-100/minor-guardianship-v-child-custody/) - Curiously, this weekend’s flock of appellate cases includes two that deal with the intersection of probate court minor guardianship proceedings and circuit court child custody matters. One case is published, the other is not. The published opinion is called: In re Guardianship of Versalle, Minors. Click on the name to read the case. The unpublished
- [The Cautionary Tale and Tragic Death of Virginia Kermath](https://mielderlaw.com/plan-to-be-100/the-cautionary-tale-and-tragic-death-of-virginia-kermath/) - For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is an article you might find interesting and which has appeared in both those places, but not yet here: Everything I know about Virginia Kermath came from reading
- [Medicaid Spend Down on “Household Goods” to become more Difficult](https://mielderlaw.com/plan-to-be-100/medicaid-spend-down-on-household-goods-to-become-more-difficult/) - The Michigan Department of Health and Human Services (DHHS) released new language for the Bridges Eligibility Manual yesterday, which includes a change to the definition of “Household Goods.” The change is an additional clarifying sentence. That sentence is: Items are considered a person's household goods when they are currently used, or in the case of
- [Politics and Ageism in Michigan’s COVID Response](https://mielderlaw.com/plan-to-be-100/politics-and-ageism-in-michigans-covid-response/) - The Department of Justice has announced that it will be investigating the way the Whitmer administration handled COVID infected seniors in long term care facilities. I am certain the investigation is politically motivated. I am also fairly confident that the creation of COVID colonies in nursing home wings was a bad plan, and a plan
- [SBO Trusts Targeted Again](https://mielderlaw.com/plan-to-be-100/sbo-trusts-targeted-again/) - Yesterday, DHHS released a proposed policy which is summarized as follows: Effective October 1, 2020 all transfers by the applicant or the applicant's spouse to a trust established solely for the benefit of the client's spouse will be evaluated for divestment ... The policy bulletin is short and vague. It provides almost no explanation of
- [The Awesome Power of Constructive Trust](https://mielderlaw.com/plan-to-be-100/the-awesome-power-of-constructive-trust/) - Mom made the house joint with son, rights of survivorship. Now Mom, in her demented state, tells the court that, when she did it, she thought her son would share the house with his siblings after she died. The court uses that testimony to void the deed, citing the equitable remedy of constructive trust. The
- [Burned by the Boilerplate](https://mielderlaw.com/plan-to-be-100/burned-by-the-boilerplate/) - A rainy Sunday morning. No better time to write. And since it appears to be raining pretty much everywhere in Michigan this morning, maybe a longish ramble about an important (but often overlooked) aspect of estate planning will be just the thing to provide a break from politics and coronavirus updates. This post is about
- [Cautious Optimism Greets MSC Decision on SBO Trusts](https://mielderlaw.com/plan-to-be-100/cautious-optimism-greets-msc-decision-on-sbo-trusts/) - The SBO Trust is back – or is it? Yesterday the Michigan Supreme Court released its long awaited decision in the case of Hegadorn v The Department of Human Services. [Click on the name to read the opinion.] To summarize, for twenty years the “Solely for the Benefit Trust” (“SBO Trust”) was the primary Medicaid
- [Missing the Snuggle Time](https://mielderlaw.com/plan-to-be-100/missing-the-snuggle-time/) - I’ve participated in a few court hearings via Zoom and had my first contested Zoom hearing this week. I understand the plan is for us to return to our courthouses when the coast is clear. But I suspect that Zoom hearings will continue to be used for some types of matters. I also think it’s
- [Another Stop at the Last Resort](https://mielderlaw.com/plan-to-be-100/another-stop-at-the-last-resort/) - Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision. To read In Re Guardianship and Conservatorship of David P. VanPoppelen click on the name. You may recognize the name. There was a prior unpublished decision arising out of this litigation. That case included
- [Tall Tales and Back Woods Justice](https://mielderlaw.com/plan-to-be-100/back-woods-justice/) - This new unpublished decision from the Court of Appeals comes out of Ogemaw County. Ogemaw is a small out-of-the-way county, with a lot of rivers and trees. Right off the exit of I-75 at West Branch, the county seat, sits a hotel-restaurant-conference center-gas station (all in one building) that features some spectacular relics and photographs
- [MDHHS Gets Busy](https://mielderlaw.com/plan-to-be-100/mdhhs-gets-busy/) - If, and only if, you are interested in more information on how Michigan's Department of Health and Human Services is addressing the COVID Crisis in LTC, click here to go to the C&T Community blog site to read the post called MDHHS Gets Busy.
- [Strict Adherence to MCR 5.120 Required](https://mielderlaw.com/plan-to-be-100/strict-adherence-to-mcr-5-120-required/) - MCR 5.120 is an important, often underused, tool to help litigants settle contested probate matters. One of the difficulties with settling probate cases is that you often have many interested parties, only some of whom are engaged in the litigation. Binding all of them to a settlement can be a hurdle, even after the litigants
- [Gov Signs Remote Witnessing Order](https://mielderlaw.com/plan-to-be-100/gov-signs-remote-witnessing-order/) - Yesterday, Governor Whitmer signed an executive order allowing notarial acts and witnessing to be conducted remotely. To read the order click here. Probably the most curious aspect of the order is that it mandates a two-step process, whereby the signatory performs their act on video in the virtual presence of the witness/notary, transfers the signed
- [More COVID Things](https://mielderlaw.com/plan-to-be-100/more-covid-things/) - Impact Payments and Medicaid. As you recall, a big part of the federal stimulus bill is that people will get cash payments. Specifically, all tax filers who have annual income of less than $99,000 (doubled for married) will get something. The full payment of $1,200 per person will be made to those with income less
- [Appellate Deadlines Suspended](https://mielderlaw.com/plan-to-be-100/appellate-deadlines-suspended/) - We previously noted that deadlines for filing actions in Michigan's trial courts had been tolled. Thursday, the Michigan Supreme Court issued another order, this one suspending all deadlines as to matters in the MSC and Court of Appeals. Click here to read that order.
- [Nursing Homes to Segregate COVID-19 Population](https://mielderlaw.com/plan-to-be-100/nursing-homes-to-segregate-covid-19-population/) - State and Federal entities are taking steps to address the COVID-19 Crisis. Long Term Care Facilities offer some of the most difficult challenges with respect to managing the infected population and controlling the spread. Bed Assignments In an attempt to control the spread of COVID-19, the Michigan Department of Health and Human Services has announced
- [The State of the Profession](https://mielderlaw.com/plan-to-be-100/the-state-of-the-profession/) - Yesterday the Governor ordered all non-essential businesses to close or limit their operations to work that can be done by staff in their homes. Practicing law is not essential in Michigan. My understanding is that lawyers did make the cut in other states with similar orders. Not sure why our lawyer-governor left us out –
- [Medicaid Cases Won't Close During Crisis](https://mielderlaw.com/plan-to-be-100/medicaid-cases-wont-close-during-crisis/) - The Michigan Department of Health and Human Services has issued a directive that will preclude any Medicaid client from being involuntarily cut off from benefits for any reason other than death or moving out of State. The directive is effective immediately and continues until further notice. This directive will be a significant relief to clients
- [The “Boomer Remover” is Out to Get Us](https://mielderlaw.com/plan-to-be-100/the-boomer-remover-is-out-to-get-us/) - Like all of you, I get overwhelmed reading about Coronavirus, or what we are now calling “COVID-19”. But being an elder law attorney, and an old one at that, I take in this information from an aging perspective. To me, the most remarkable thing about COVID-19 is how skewed it is toward old people. And,
- [Six Month Discovery Rule Protects EP Attorney in Malpractice Action](https://mielderlaw.com/plan-to-be-100/six-month-discovery-rule-protects-ep-attorney-in-malpractice-action/) - As any estate planning attorney knows, representing both parties to a marriage in the estate planning process is dicey enough; and when it comes to second marriages, especially when all of the children are not from the same union, the potential for representational conflict and other problems increases exponentially. The facts of this case are
- [House Sale by Ignorant Agent Not Fraud](https://mielderlaw.com/plan-to-be-100/house-sale-by-ignorant-agent-not-fraud/) - Parents are demented and residing in an assisted living. POA child arranges to sell their house. Buyers find rodents and other allegedly undisclosed defects and sue for damages. Trial Court dismisses the case on summary disposition and, in an unpublished opinion, Court of Appeals affirms. The COA says that because agent/child did not know about
- [Court Transcript Isn’t a Will or Oral Trust](https://mielderlaw.com/plan-to-be-100/court-transcript-isnt-a-will-or-oral-trust/) - In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally in her estate when she died, the child that got cut out of her will cannot use those statements as a basis for setting aside her will
- [Legislature Creates New Process for Disputes over Visiting Vulnerable Adults](https://mielderlaw.com/plan-to-be-100/legislature-creates-new-process-for-disputes-over-visitation-s-with-vulnerable-adults/) - Michigan guardianship law has been amended to allow probate courts to appoint limited guardians to supervise visitations with incapacitated adults. Specifically, a new section MCL 700.5306(6) provides grounds for a limited guardian to be appointed for the sole purpose of supervising access with a ward. The elements of this new cause of action are: A
- [Ramble On Rowdy Ron](https://mielderlaw.com/plan-to-be-100/ramble-on-rowdy-ron/) - It’s the end of the year, a good time to take stock of where we are and where we’re going. In this story, Mary meets Ron late in life. Soon Mary and Ron are living together on Mary’s farm. Mary changes her estate plan and dies. Ron gets the farm and the kids get a
- [Amy Gets Her Swagger](https://mielderlaw.com/plan-to-be-100/amy-gets-her-swagger/) - As many of you know, Amy Tripp is my law partner. We have practiced together for 16 years. She is an expert in special needs planning and administration. To my thinking, she is the State’s best special needs attorney. She knows that has been my belief for some time. In recent months, Amy has been
- [Promises v Reality in the World of Charitable Giving](https://mielderlaw.com/plan-to-be-100/promises-v-reality-in-the-world-of-charitable-giving/) - It’s not just basketball and football programs that have allowed our largest institutions of higher education to become so wealthy. As development officers at these institutions know, college professors who work at those universities, and particularly those professors who don’t have kids, can be a gold mine. The newly published case of Bellamy Trust v
- [6th Circuit says Trust on Hook for Millions](https://mielderlaw.com/plan-to-be-100/6th-circuit-says-trust-on-hook-for-millions/) - Larry is the settlor of a revocable Trust. Larry personally guarantees a loan for hundreds of millions of dollars, and signs the guarantee individually and as trustee of his revocable trust. Debtor defaults. Creditor sues Larry and his Trust on the guarantee. Litigation results in a decision that says Larry’s personal liability is capped at
- [You Can’t Buy Love: But You Can Buy a Pretty Good Knock Off](https://mielderlaw.com/plan-to-be-100/you-cant-buy-love-but-you-can-buy-a-pretty-good-knock-off/) - Child calls from another state. She tells me that she is the only child of an aging parent (“Mom”). Mom is here in Michigan. Handyman with criminal history is getting money from Mom. Handyman tells Mom that she reminds him of his dear old departed mother. Mom finds him adorable. Child is not rich, lives
- [Ed’s Coin Flip](https://mielderlaw.com/plan-to-be-100/eds-coin-flip/) - In this unpublished decision, the story goes that Ed and his Dad collected coins together. Dad died. Dad’s will said something like: Any assets, such as coins, that I may own jointly with any child, go to that child. At a family meeting, after Dad’s death, Ed is given this will. He presumably sees the
- [Michigan’s New Discovery Rules Part 5](https://mielderlaw.com/plan-to-be-100/michigans-new-discovery-rules-part-5/) - Conclusions and Impressions 1. Upping Your Game The impact of these new rules can hardly be overstated. Those who dabble in litigation will need to think seriously about whether they want to put in the effort to stay in the game. Relying on your paralegal to catch all this? Good luck. 2. Types of probate
- [Michigan’s New Discovery Rules Part 4](https://mielderlaw.com/plan-to-be-100/michigans-new-discovery-rules-part-4/) - In addition to the limitations imposed by the definition of the scope of discovery, the new rules specifically limit certain discovery tools, and more thoroughly address the discoverability of electronically stored information (“ESI”). Specific Limitations The new MCR 2.306(A)(3) and 2.306(3) place a seven hour limit on the deposition of a party. The new MCR
- [Michigan’s New Discovery Rules Part 3](https://mielderlaw.com/plan-to-be-100/michigans-new-discovery-rules-part-3/) - Required Disclosure The changes to the scope of discovery are dramatic; but the impact of those changes pales in comparison to the new rules regarding required disclosures. What Under these new rules, specifically MCR 2.302(A)(1), in every civil action that is filed, the party filing the action (or a counterclaim) must also serve a “Required
- [Michigan’s New Discovery Rules Part 2](https://mielderlaw.com/plan-to-be-100/michigans-new-discovery-rules-part-2/) - Proceeding or Civil Action The distinction between a “probate proceeding” versus a “civil action” which happens to be initiated in a probate court, remains unaltered. MCR 5.101. For the uninitiated, a probate proceeding is initiated by filing a petition. A civil action is initiated by filing a complaint. Whether and when it is proper to
- [Michigan’s New Discovery Rules Part 1](https://mielderlaw.com/plan-to-be-100/michigans-new-discovery-rules-part-1/) - Litigation of all types will soon be more complicated and more expensive, probate litigation included. This development comes about because of the extensive revisions to the Michigan Court Rules relating to civil discovery which take effect January 1, 2020. For those who litigate primarily, these changes will require you to up your game. For those
- [SNT's, ObamaCare and More](https://mielderlaw.com/plan-to-be-100/snts-obamacare-and-more/) - A recent unpublished COA opinion raises some interesting issues regarding the probate court’s role in creating special needs trusts, as well as some food for thought on how the Affordable Care Act (aka, Obamacare) may impact decisions in these cases in the future. In In Re Hope Special Needs Trust a 75 year-old man with mental illness
- [Revised MCL 700.5501 Mandates Acceptance and Other Formalities](https://mielderlaw.com/plan-to-be-100/revised-mcl-700-5501-mandates-acceptance-and-other-formalities/) - The passage of Public Act 141 of 2012 is significant to estate planners in that it requires that an agent appointed under a standard power of attorney for finances (FPOA) to sign an acceptance before acting, and for such documents to be witnessed by two people and notarized. For planners who have not historically included
- [General Perry's Terror Clause](https://mielderlaw.com/plan-to-be-100/general-perrys-terror-clause/) - I just filed a brief in an appeal that may be of interest to some of you. The case involves the estate of Brigadier General Miller Perry, who died leaving a restated trust. The restatement of the trust altered the beneficial shares. One of the beneficiaries whose share of estate was reduced by the restatement
- [More Thoughts On Our New Durable Power of Attorney Law](https://mielderlaw.com/plan-to-be-100/more-thoughts-on-our-new-durable-power-of-attorney-law/) - In an earlier post I reported on changes to MCL 700.5501 brought about by Public Act 141 of 2012. In this post I would like to point out some other intriguing aspects of this law. A link to the law may be found at in that earlier post of June 12, 2012. Planners need to
- [Trending Up: Medicare Set Aside Agreement](https://mielderlaw.com/plan-to-be-100/trending-up-medicare-set-aside-agreement/) - This is an important probate issue, although admittedly one that many probate lawyers may never come in contact with. The topic is Medicare Set Aside Agreements (MSAs). This topic is significant to those probate attorneys who work with plaintiff’s attorneys to assist in settlements of personal injury actions and workers compensation claims. Background MSAs are
- ["Elder Abuse" Bills Passed and Pending](https://mielderlaw.com/plan-to-be-100/elder-abuse-bills-passed-and-pending/) - Over the last few years Michigan lawmakers have cooperated with some aging advocacy groups to develop a package of laws intended to deter abuse of older adults. In June, Governor Snyder signed ten of those bills into law. Eight bills in this package remain pending. Most of the bills that have been signed into law
- [Becoming a Burden](https://mielderlaw.com/plan-to-be-100/becoming-a-burden/) - This past weekend, my sister and I were pondering the rationale behind the common desire of many elders in America today that they “not become a burden” on their children. One question is: How did we get to this point? It seems obvious that for the vast majority of human history, and presumably in most
- [Family Dysfunction Part I: Sibling Rivalry](https://mielderlaw.com/plan-to-be-100/family-dysfunction-part-i-sibling-rivalry/) - In probate litigation cases, attorneys frequently observe that "this family is really screwed up," or, more professionally: "this family is completely dysfunctional." That’s a conclusion. I think we can do better than that. It seems to me there are patterns, or common qualities, to many of these cases. Some of these patterns arise frequently, others
- [Family Dysfunction Part II: Fall of the High Achiever](https://mielderlaw.com/plan-to-be-100/family-dysfunction-part-ii-fall-of-the-high-achiever/) - In the middle of a particularly difficult guardianship matter, a seasoned probate judge once said to me "that will be me and you Doug, when we get there." The subject of the proceeding was a retired college professor/author, had remarried and fired every doctor who told him he was impaired. The Judge’s point was that
- [Family Dysfunction Part III: Control Freak Fiduciary](https://mielderlaw.com/plan-to-be-100/family-dysfunction-part-iii-control-freak-fiduciary/) - Much litigation is created or avoided in the planning process when the people planning for their estate decide who to put in charge. Words a planner doesn’t want to hear: I appointed my oldest son as trustee/executor. Two immediate reactions: (1) men are more likely to be control freaks than women, and (2) the oldest
- [Family Dysfunction Part IV: Second Marriages](https://mielderlaw.com/plan-to-be-100/family-dysfunction-part-iv-second-marriages/) - I advise clients who are in second (third, etc.) marriages, that their children do not like their second spouse. And I’m not joking. I tell clients that although they may be the exception to the rule, my experience tells me: offspring don’t like the man or woman who replaced their parent in the hearts and
- [Anatomy of a Senior Seminar Scam](https://mielderlaw.com/plan-to-be-100/anatomy-of-a-senior-seminar-scam/) - When you reach a certain age you begin receiving invitations to "educational seminars." Often bright colored postcards in the mail, sometimes formalistic letters, even advertisements in the local paper. Usually they offer a "free meal." In almost every instance these "educational seminars" are in fact high-pressure scams, designed to sell products that pay high commissions
- [The Rich are Different](https://mielderlaw.com/plan-to-be-100/the-rich-are-different/) - In his short story "Rich Boy" F. Scott Fitzgerald wrote: "Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft, where we are hard, cynical where we are trustful, in a way that, unless you were
- [Litigation Strategies Part I: I Love You But...](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-i-i-love-you-but/) - Litigation clients often misunderstand the likelihood of recovering legal fees. They believe, understandably so, that because the other party (whoever that may be) did something bad so as to cause the litigation to be necessary, that someday the Court is going to order that the other side must reimburse them for the thousands (tens of
- [Litigation Strategies Part II: Telling Stories](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-ii-telling-stories/) - Financial exploitation of vulnerable adults takes place in the shadows. When these cases finally get to court, the object of the exploitation is either dead or too demented to explain what happened. So the trial becomes a process of trying to recreate an event to which the alleged perpetrator is probably the only witness. Was
- [Litigation Strategies Part III: Bulldog Lawyers](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-iii-bulldog-lawyers/) - Clients are funny. When they need representation in litigation, some of them (especially ones who are new to litigation) believe that they want a "bulldog" – a lawyer with a lot of bark and bite. That’s not me. Further, when client’s come in with that perspective, my warning light goes off about whether I want
- [Litigation Strategies Part IV: Getting Homered](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-iv-getting-homered/) - Here’s a concern clients often face when deciding to hire me for matters outside the counties in which we have offices: Will it hurt their case that I am not a local attorney? In the legal world we have a term for those situations where we travel to a distant court and are treated shabbily
- [Advantage Aged](https://mielderlaw.com/plan-to-be-100/advantage-aged/) - As I get older I have:… more fat and less hair. I don’t really care about the hair, but the fat is annoying. Advantage youth.… fewer unexpected mind-blowing really fun experiences, more moments where I am completely content with who I am and where I am. Wash.… less material desires. Advantage aged.… more patience. Advantage
- [The King Lear Complex](https://mielderlaw.com/plan-to-be-100/the-king-lear-complex/) - King Lear is a fictional king of ancient times. William Shakespeare wrote one of his darkest plays about this character. The King was a good man. He was getting up in years. He had three daughters (same as me). He decided that he wanted to retire. The plan was to split his kingdom into three
- [The New Terror Clause Case](https://mielderlaw.com/plan-to-be-100/the-new-terror-clause-case/) - An unpublished Court of Appeals opinion out of Kent County offers some interesting issues regarding the scope of no contest clauses. Decedent had three children, one of whom was developmentally disabled. Decedent was that child’s plenary guardian. Daughter A was the standby plenary guardian. Decedent left a will that said that Daughter A would receive
- [Attorney-Client Relationship Part I: Reputation](https://mielderlaw.com/plan-to-be-100/attorney-client-relationship-part-i-reputation/) - Among lawyers, reputation is a big deal. At least initially, clients don’t always understand or appreciate how important their attorney’s reputation (and the reputation of the opposing party’s attorney) is in a case.Attorneys who have good (or even exceptional) reputations – that is, they are reputed to know (or to be experts in) the area
- [The Attorney-Client Relationship Part II: Arc of the Love Affair](https://mielderlaw.com/plan-to-be-100/the-attorney-client-relationship-part-ii-arc-of-the-love-affair/) - We love our lawyers the day we hire them. They seem smart and focused (or we would not have signed up). But as time goes on, doubts and concerns slip in. They don’t return our calls as fast as we would like, they misspell a name, in talking to them they don’t recall an important
- [Attorney-Client Relationship Part III: Client Control](https://mielderlaw.com/plan-to-be-100/attorney-client-relationship-part-iii-client-control/) - Litigation is a lot of things: expensive, slow, volatile and unpredictable (FYI, some of the things that from the lawyer’s perspective make it fun). Clients would love to know from the beginning, What will this cost?, How long will it take?, and most of all: How will it come out? At that first meeting, the
- [Time To Make Your Death Wish?](https://mielderlaw.com/plan-to-be-100/time-to-make-your-death-wish/) - Current law provides that we have a constitutional right not to be kept alive if we don’t want to be. That is, if we are being kept alive artificially, we can have the plug pulled, the feeding tube removed, or our pacemaker turned off, as they case may be. And, if we are unable to
- [Ladybird Deeds and Low Hanging Fruit](https://mielderlaw.com/plan-to-be-100/ladybird-deeds-and-low-hanging-fruit/) - Nearly two years ago, Michigan began implementing a Medicaid Estate Recovery Program. “Estate recovery” means that people who receive Medicaid assistance in the nursing home, through the MI Choice or PACE programs, face the prospect that when they die the State could come back against their estates and seek repayment for the costs paid by
- [Ne'er Do Wells](https://mielderlaw.com/plan-to-be-100/neer-do-wells/) - Maybe it’s just me, but it seems like the baby boomer generation is swarming with children who never quite broke through. I come to this belief through my work with older clients (75 years-old+). They talk to me about their estates, and how they want to dispose of their assets when they are gone. We
- [The Feminization of the Law and the Death of Litigation](https://mielderlaw.com/plan-to-be-100/the-feminization-of-the-law-and-the-death-of-litigation/) - My neighbor teaches biology at Michigan State University. Among other things, he teaches students who are earning their veterinarian degrees. Once in conversation it came up that when he started teaching, 95% of his students in veterinary medicine were men, now 95% are women. I said (stupidly): must be this is because more of the
- [The Troubling Tale of Catherine Jones](https://mielderlaw.com/plan-to-be-100/the-troubling-tale-of-catherine-jones/) - The story of Catherine Jones is unique and it isn’t. It is typical in many of its facts: an older person with a strong sense of independence, fighting to retain the right to decide how she wants to live out her final days. But unique with respect to the clarity with which her story captures
- [Ladybird Deeds: Readers Digest Version for Upcoming Program](https://mielderlaw.com/plan-to-be-100/ladybird-deeds-readers-digest-version-for-upcoming-program/) - I am presenting on ladybird deeds at the upcoming State Bar Solo and Small Firm Institute, September 19-21. Still time to sign up. Following is an abbreviated version of what I will be covering. Intro A ladybird deed is an odd duck that serves as a valuable estate planning tool in limited situations, but which
- [Working on a Wire](https://mielderlaw.com/plan-to-be-100/working-on-a-wire/) - My legal practice has become consumed with litigation. Litigation involving the resources of one (older) generation and the expectations and overreaching of the next (younger, but not young) generation. I have come to think of the work I do as being the work that arises as a result of the tension on a wire that
- [Plan to be 100](https://mielderlaw.com/plan-to-be-100/plan-to-be-100/) - These days, living to be 100 years-old is not unusual. But most people (at least most of my clients) don’t necessarily want to think about what that means from a planning perspective. As their advisor, I share these thoughts: Hang On To Your Assets As people age they often become more generous and more concerned
- [Holiday Presents from DC and Lansing](https://mielderlaw.com/plan-to-be-100/holiday-presents-from-dc-and-lansing/) - Lots to blog about in the aftermath of busy lame duck sessions in Washington and Lansing. In order of importance:The Fiscal Cliff Law. Among the components of the so-called American Taxpayer Relief Act of 2012 (that’s original), is the permanent fixing of the federal estate and gift tax unified credit at $5 million per person
- [Sperm Donor Case](https://mielderlaw.com/plan-to-be-100/sperm-donor-case/) - The Michigan Supreme Court addressed a curious issue, and provided an unsurprising result. Under Michigan law a child conceived after the death of the parent through artificial means is not a child of that parent when it comes to collecting Social Security benefits. The holding was made in Mattison v Social Security Commissioner. The United
- [Case Trends and Technical Formalities](https://mielderlaw.com/plan-to-be-100/case-trends-and-technical-formalities/) - The topic for this post was triggered by my end of year clean up. During that process, I go through piles of things I think are interesting and have set aside. In doing so I pulled out five unpublished Court of Appeals cases that relate to the issue of the treatment of testamentary documents which
- [Terror Clause Update](https://mielderlaw.com/plan-to-be-100/terror-clause-update/) - Finally got a date for oral arguments in the case of Miller Osborne Perry Trust – February 13, 2013. Of course that means it will still be months before we have an opinion. This is the case discussed in the post below: General Perry’s Terror Clause. Either way it goes, I assume we will get
- [The Mental Health Merry-Go-Round Part I](https://mielderlaw.com/plan-to-be-100/the-mental-health-merry-go-round-part-i/) - I don’t own a gun, have never owned a gun, and never want to own a gun. Guns make me nervous. So I have no problem with laws that reasonably limit the types of guns people own and places they can be carried. That said, I am frustrated that repeated "big news" events involving gun
- [R.I.P.  A/B Trusts  (The Day Elder Law Supplanted Estate Planning)](https://mielderlaw.com/plan-to-be-100/r-i-p-a-b-trusts-the-day-elder-law-supplanted-estate-planning/) - I think it is hard to overstate how dramatic the recent developments in the federal estate tax law are in terms of the practice of estate planning. It marks the end of tax based planning for the vast majority of Americans, and the end of the traditional model of estate planning practice for a generation
- [An Inconvenient Obstacle to Community Based LTC](https://mielderlaw.com/plan-to-be-100/an-inconvenient-obstacle-to-community-based-ltc/) - SummaryBecause asset protection strategies commonly used in the context of nursing home Medicaid are problematic in the context of MI Choice Waiver and PACE programs, a significant number of potential beneficiaries are disincentivized from pursuing these services.BackgroundPACE is the Program for All Inclusive Care that is operating in several parts of the State. It is
- [The End of Life Tar Pit](https://mielderlaw.com/plan-to-be-100/the-end-of-life-tar-pit/) - I had the most amazing client interview the other day. A retired attorney in a lockdown unit at an assisted living facility, placed there by his family and against his will. Perfectly lucid, but deemed to be "unable to make informed decisions" by his doctors - not because he couldn’t understand and articulate his desires,
- [General Perry’s Terror Clause:  Final Chapter (I think)](https://mielderlaw.com/plan-to-be-100/general-perrys-terror-clause-final-chapter-i-think/) - Within a couple weeks of oral arguments, we received a published opinion in the General Perry terror clause case that has been discussed in this blog before (really fast opinion). To read the case, click here. The result was not favorable to my client, but nonetheless appears to provide planners with the result advocated by
- [Family Dysfunction Part V: The Wake of the High Achiever](https://mielderlaw.com/plan-to-be-100/family-dysfunction-part-v-the-wake-of-the-high-achiever/) - It is a curious reality of probate litigation that the qualities common to people who create wealth are also qualities of people who create family dysfunction.What I see is that high achievers (whether they be business people, cutting edge doctors, successful lawyers, or esteemed college professors) tend to be driven people, people who put their
- [Everything I Know About Estate Planning I Learned from Shakespeare](https://mielderlaw.com/plan-to-be-100/everything-i-know-about-estate-planning-i-learned-from-shakespeare/) - You’ve got to love William Shakespeare, the ultimate Renaissance man offered insight into pretty much every aspect of the human condition. Estate Planning is no different. Following are summaries of four Shakespeare plays and lessons you might take from them about estate planning:HamletFather dies, mom remarries dead husband’s brother. Accordingly, in this case, the usual
- [Estate Recovery Change](https://mielderlaw.com/plan-to-be-100/estate-recovery-change/) - The State of Michigan recently terminated the contract for Health Management Services (“HMS”). HMS was the Texas company that was hired by the State to manage their estate recovery program. The contract with HMS provided that they were paid on a contingency basis.With that relationship ended, the estate recovery program will now be managed internally,
- [Why the “Lucid Moment” Needs to End](https://mielderlaw.com/plan-to-be-100/why-the-lucid-moment-needs-to-end/) - There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since. It is an unpublished decision in which the trial court held that a trust amendment was invalid due to lack of capacity and undue influence. The Court of Appeals reversed the trial court.
- [Local Courts Hold Ground in Medicaid Cases](https://mielderlaw.com/plan-to-be-100/local-courts-hold-ground-in-medicaid-cases/) - The bad news is that the Attorney General is actively shopping around for Medicaid cases to attack. The good news is that local probate judges are - so far - holding the line.Over the past few months, at least two cases have been decided in probate courts that involve Medicaid long term care issues.One case,
- [More Terror Clause Trouble](https://mielderlaw.com/plan-to-be-100/more-terror-clause-trouble/) - The Court of Appeals has published another case on terror clauses. Estate of Eugene Stan.The facts are that A filed for formal admission of a Will which included A’s appointment as Personal Representative (PR), pursuant to the nomination in the Will. B opposed the appointment of A, citing bad acts of A in handling affairs
- [Striking the Balance of Financial Integrity and Quality of Care for the Spouse of an Impaired Adult](https://mielderlaw.com/plan-to-be-100/striking-the-balance-of-financial-integrity-and-quality-of-care-for-the-spouse-of-an-impaired-adult/) - Here’s another balance that’s hard to strike - and hard to help clients understand and decide.Typical example: Husband and wife have been married 50 years. They are both in their seventies. They have a nice nest egg, but are hardly rich. Let’s say their home is paid off, and is worth $150,000. In addition they
- [Striking the Balance between Dignity and Safety of a Vulnerable Adult](https://mielderlaw.com/plan-to-be-100/striking-the-balance-between-dignity-and-safety-of-a-vulnerable-adult/) - I realized the other day there are a handful of things I never tire of watching. One of those is probate court proceedings. Admittedly I watch probate court proceedings in part because I like to watch judges and get to know their propensities – always helpful for both the cases I have in front of
- [Advocacy in the Era of the Vulnerable Adult](https://mielderlaw.com/plan-to-be-100/advocacy-in-the-era-of-the-vulnerable-adult/) - The concept of "vulnerable adults" became popular among the general public only a few years ago. Prior to that it was an expression one might hear used among that small population of folk who frequented probate courts. Now it’s all the rage. So that’s good: People are more aware that some elders are vulnerable to abuse
- [Guardianship End of Life Authority Clarified](https://mielderlaw.com/plan-to-be-100/guardianship-end-of-life-authority-clarified/) - The debate is over. Guardians of adults (but not guardians appointed for persons with developmental disabilities), have authority to sign “do not resuscitate orders” (often called “DNR” orders). The purpose of a DNR order is to preclude medical efforts to resuscitate an individual who is actively dying. The phrase “do not resuscitate order” is used
- [Uncapping Property Taxes:  The New Planning Conundrum](https://mielderlaw.com/plan-to-be-100/uncapping-property-taxes-the-new-planning-conundrum/) - As of January 1, 2014, a new exception exists in Michigan’s property tax uncapping rules. Generally, property taxes are uncapped (that is, the property taxes are based on the “state equalized value” as opposed to the often artificially lower “taxable value”) when real estate is conveyed to a new owner. However, there are exceptions. The
- [The Always Interesting Holographic Wil](https://mielderlaw.com/plan-to-be-100/the-always-interesting-holographic-wil/) - A holographic will is a will that a person writes out in their own hand – and signs and dates. If this is done, the usual requirements that the will be witnessed do not apply. People like to talk about these cases because they tend to come up in unusual matters. In reality they are
- [Estate Recovery Cases Continue](https://mielderlaw.com/plan-to-be-100/estate-recovery-cases-continue/) - Judge Barkey of Genesee County Probate Court recently issued an opinion in an estate recovery case. The case was handled by our office, Chalgian and Tripp Law Offices, PLLC. Click here to read her opinion. As with most of these cases, in the Estate of James Shanks, the State filed a claim. The Estate disallowed
- [Marriage and Financial Exploitation](https://mielderlaw.com/plan-to-be-100/marriage-and-financial-exploitation/) - Saw this article yesterday about persons with dementia. click here. Lord I feel jaded. I see an article about 90+ year olds finding love, and I automatically think “gold-digger.” What’s wrong with me? The reality though is that while marriage is an expression of love, and may address the loneliness that so often frequents elders;
- [Hilldale Estate Recovery Case Report](https://mielderlaw.com/plan-to-be-100/hilldale-estate-recovery-case-report/) - Same result as the previously reported Genesee County case – the recovery can be made after the redetermination application is signed. In fact the Hillsdale Court adopts the reasoning of the Genesee County Judge. In this case that’s a good result – the beneficiary died less than two months later. In other cases, the result
- [Estate Recovery in the Court of Appeals](https://mielderlaw.com/plan-to-be-100/estate-recovery-in-the-court-of-appeals/) - For those who follow the "estate recovery" saga, you may be interested to know that there are two cases currently pending in the Court of Appeals. In Re Estate of Violet Clark comes out of Calhoun County, and the Estate is represented by the Battle Creek firm of Kreis, Enderle, Hudgins and Borsos, P.C.. In
- [SBO Policy Change Update](https://mielderlaw.com/plan-to-be-100/sbo-policy-change-update/) - The question most frequently asked of me when I am out and about is: What’s the status of the SBO Trust? I haven’t written about this issue on this blog sight before, although I have written and spoken about it a number of times in recent months. The SBO Trust (or “solely for the benefit
- [New Year Brings New Uncapping Rules](https://mielderlaw.com/plan-to-be-100/new-year-brings-new-uncapping-rules/) - As addressed in a prior post, the laws about uncapping real estate taxes have become more complex and significant. Recent additional changes in the law have dramatically improved the situation. The law is MCL 211.27a. As of January 1, 2015, certain types of property that passes to certain related individuals will not uncap if the
- [PACE and Divestment](https://mielderlaw.com/plan-to-be-100/pace-and-divestment/) - “Divestment” is a term Medicaid uses to mean transferring assets before applying for benefits. The term “lookback period” is a Medicaid term which refers to the period of time, prior to filing an application during which asset transfers are reviewed for divestment. Generally, divestment done during the lookback period results in a penalty period of
- [VA Changes Looming](https://mielderlaw.com/plan-to-be-100/va-changes-looming/) - The Veterans Administration recently announced proposed changes to policy with respect to the increasingly popular Aid and Attendance enhanced pension program. This program allows Veterans who served during periods of conflict, and their spouses, to access additional income if they have significant health care costs. This commonly arises in situations where an elderly Vet is
- [Good Guys Win Financial Exploitation Case](https://mielderlaw.com/plan-to-be-100/good-guys-win-financial-exploitation-case/) - Frances and Elizabeth Stafford were sisters in the Bay City area. When Elizabeth died, her trust continued for the benefit of Frances. Frances was a vulnerable adult, physically and cognitively impaired. Her trusted financial advisor of many years was Trustee over Elizabeth’s Trust. We were hired by the beneficiaries when, after Frances died, evidence of
- [Atul Gawande and Estate Planning](https://mielderlaw.com/plan-to-be-100/atul-gawande-and-estate-planning/) - My friend and colleague, Fred Rolf, recently sent several of the lawyers in our firm a copy of Atul Gawande’s book: Being Mortal. Although Dr. Gawande writes about the medical community, the book was stunningly relevant to me as an estate planning attorney. If you work in the aging industry and you haven’t read the
- [What we learned about hogs and pigs from the SBO experience](https://mielderlaw.com/plan-to-be-100/what-we-learned-about-hogs-and-pigs-from-the-sbo-experience/) - On the topic of Medicaid planning, John Bos used to famously comment at ICLE programs that “pigs get fat and hogs get slaughtered.” The idea was that in engaging Medicaid planning strategies, those who pushed the envelope too far, were going to get hammered. The Department, in those yesteryears, the phrase implied, would only be
- [8th Circuit Decision Stuns SNT World](https://mielderlaw.com/plan-to-be-100/8th-circuit-decision-stuns-snt-world/) - Topic: Self Settled Special Needs Trusts, aka Medicaid Payback Trusts, aka d(4)(A) Trusts. Legal Background: When a person under 65 meets the requirements of being disabled for the purposes of qualifying for needs-based government benefits (most notably Medicaid and Supplemental Security Income), they have the ability to meet the financial eligibility requirements of those programs
- [COA Geek Alert: Unpublished Opinions](https://mielderlaw.com/plan-to-be-100/coa-geek-alert-unpublished-opinions/) - For those who don’t do appellate work, you may not want to spend your time reading this. For this who do …. The Michigan Supreme Court has published proposed changes to the Court Rules relating to unpublished opinions. Click here to read the proposed rules. The purpose of the proposal seems to be to further
- [Department Promises Change on Spousal Annuity Beneficiary Issue](https://mielderlaw.com/plan-to-be-100/department-promises-change-on-spousal-annuity-beneficiary-issue/) - Thanks to the excellent advocacy of Amy Tripp and David Shaltz, it appears we may be getting close to resolving one of the difficult issues related to using annuities in Medicaid planning in cases involving married couples. The issue relates to the State of Michigan’s interest in annuities purchased by a community spouse. In the
- [Vulnerable Adults](https://mielderlaw.com/plan-to-be-100/vulnerable-adults/) - I had an article published in the state bar journal this month about financial exploitation of vulnerable adults. For those interested in reading it, click here.
- [LTC Insurance Partnership Shows Signs of Life](https://mielderlaw.com/plan-to-be-100/ltc-insurance-partnership-shows-signs-of-life/) - This week, seemingly out of nowhere, the long awaited first blip of life for the long term care insurance public-private partnership appeared in the attached DHS memo. Click here. The memo seems to say that soon we will have a LTC insurance partnership program up and running in Michigan. The history is that several years
- [COA Decides Estate Recovery Notice Case](https://mielderlaw.com/plan-to-be-100/coa-decides-estate-recovery-notice-case/) - The Michigan Court of Appeals released a published opinion in an estate recovery notice case. click here. The COA rejected the so-called "notice defenses" that have been the basis for most (perhaps all) successful litigation regarding estate recovery matters in lower courts. This decision certainly changes the playing field in these matters.
- [The Second Love of Her Life:  A Sunday Morning Story](https://mielderlaw.com/plan-to-be-100/the-second-love-of-her-life-a-sunday-morning-story/) - Yesterday I met with a family regarding a new matter. These days I try to avoid Saturday appointments – but I was told these clients "really needed" to get in. I’m not sure the case warranted emergency status, but I’m glad they got in. The story I heard touched me. It was a sad story.
- [Gender Identity and Estate Planning](https://mielderlaw.com/plan-to-be-100/gender-identity-and-estate-planning/) - Those of you as old as I am have lived through one revolution: the communications revolution. We went from wall phones to smart phones in a generation. From no computers to computers everywhere and in everything we use. We can all recognize the incredible implications of this event. Now we are in the midst of
- [The Good and Ugly](https://mielderlaw.com/plan-to-be-100/the-good-and-ugly/) - Two new unpublished COA opinions worth note. Let’s start with the ugly. In Perry v Cotton, June 16, 2015, the COA repeatedly states that the attorney for the Personal Representative represents the “estate.” Although the opinion fails to clearly state the facts of the case, it appears that the P.R. claimed proceeds to a life
- [Does Obergefell Spell the End of Dower?](https://mielderlaw.com/plan-to-be-100/does-obergefell-spell-the-end-of-dower/) - I saw this article from mlive, noting that there are 132 Michigan laws that reference the word "wife," 149 sections that use the word "husband." And that doesn’t even include the terms “widow” and “widower.” Plus what about the written policies of the various state agencies? Won’t it be interesting to see how all this
- [Tell It To Me Slowly](https://mielderlaw.com/plan-to-be-100/tell-it-to-me-slowly/) - Humming in my head the other day was an old song – What’s your name? Who’s your daddy? Is he rich like me? Has he taken any time to show you what you need to live? Tell it to me slowly. Tell me what I really want to know. It’s the time of the season
- [LTCI Partnership Update](https://mielderlaw.com/plan-to-be-100/ltci-partnership-update/) - With respect to the status of the long term care insurance partnership program, which has been the subject of at least one prior post (see below); in a conversation with those working on this issue in state government, I was able to glean the following information: • This is a priority of the Speaker of the
- [Important Ruling on Homecare Wages](https://mielderlaw.com/plan-to-be-100/important-ruling-on-homecare-wages/) - Last week a Federal Appellate Court issued a decision that would guarantee minimum wage and overtime protections to home health care workers. So far the decision has received little attention, but if it stands, it is hard to imagine a decision that would have more dramatic impact on the care being provided to frail older
- [VA and LTC Planning](https://mielderlaw.com/plan-to-be-100/va-and-ltc-planning/) - I recently responded to a post on a listserv in which the issue of using irrevocable trusts to “protect assets” in order to obtain VA Aid and Attendance pension income was the topic. It caused me to organize my thoughts on this important issue, which are expressed below. Background: The Veterans Administration has a program
- [Bittner’s Bite](https://mielderlaw.com/plan-to-be-100/bittners-bite/) - So we have a new published opinion on a probate court case – something unusual these days. In Re Conservatorship of Shirley Bittner was published September 8, 2015. Click here to read the case. In Bittner, the probate court imposed a conservatorship over the vulnerable adult, and did so over what the Court of Appeals
- [Important October BEM Changes](https://mielderlaw.com/plan-to-be-100/important-october-bem-changes/) - DHHS released new BEM language to take effect October 1, 2015. Click here to read them. Of particular note are the new provisions for long term care partnership insurance payments and care contracts. As to the long term care insurance partnership, this concept has been addressed in prior blogs. What we learn from the new
- [This Is Awkward](https://mielderlaw.com/plan-to-be-100/this-is-awkward/) - New published Court of Appeals opinion. Click here to read it. Lawyer prepares an estate plan for client (and purported friend). The estate plan leaves most of the multi-million dollar estate to himself (the lawyer) and the lawyer’s son. This is against the Michigan Rules of Professional Conduct for lawyers, which rules prohibit lawyers from
- [Capacity to Gender Identify](https://mielderlaw.com/plan-to-be-100/capacity-to-gender-identify/) - Talk about cutting edge cases… How about this one out of Jackson County: 60 year-old biological male with history of developmental disabilities and psychiatric events, decides he wants to become a woman. Family recognizes he has a history of gender confusion but believes that this recent push is the function of his trying to impress
- [The Medicaid Planning Question](https://mielderlaw.com/plan-to-be-100/the-medicaid-planning-question/) - I get invited to present to a lot of groups about various topics – one of the most popular topics being planning for long term care. It is an important topic because there is so much misinformation and so many misconceptions about it. As a result, giving people a neutral non-sales oriented place to get
- [Additional Thoughts on Healthcare Costs](https://mielderlaw.com/plan-to-be-100/additional-thoughts-on-healthcare-costs/) - In my last post I suggested there are things to think about – things that will need to be resolved through a political process that seems to have little stomach for "cutting benefits to retirees" – specifically, deciding how to pay for care for an aging population, while at the same time healthcare costs are
- [Playing with Knives](https://mielderlaw.com/plan-to-be-100/playing-with-knives/) - There’s a saying among litigators. It goes like this: Lawyers play with knives but never get cut. The idea (or image) is two lawyers facing each other holding knives, with their clients in between. When the case is over, the clients are bloodied but the lawyers remain unscathed. It’s a coarse image – but there
- [The Self-Inflicted Drafting Defect that Keeps on Giving](https://mielderlaw.com/plan-to-be-100/the-self-inflicted-drafting-defect-that-keeps-on-giving/) - Discretionary trusts are important for all sorts of reasons. Essentially, the law holds that when a beneficiary’s interest in a trust is subject to the pure and unfettered discretion of a trustee, because that beneficiary has no ability to control what, if anything, comes out of the trust for their benefit, creditors have nothing to
- [Tangled Webs](https://mielderlaw.com/plan-to-be-100/tangled-webs/) - If someone wanted to capture the essence of elder law litigation in a nutshell, they might be inclined to echo the words of the poet: “Oh what tangled webs we weave, when first we practice to deceive.” While the cases that come into our office are varied in many respects, they almost all share in the
- [Oh, By The Way](https://mielderlaw.com/plan-to-be-100/oh-by-the-way/) - So five sisters, four surviving. Dad dies, and one daughter, Sandy, announces to her sisters: “and by the way Dad owed me $1.5 million dollars for taking care of him all these years.” Nice. The case is called In Re Schwein Estate. Click on the name to read it. Short story: Sandy also happened to
- [Curious Concept from a Midwest Neighbor](https://mielderlaw.com/plan-to-be-100/curious-concept-from-a-midwest-neighbor/) - Joe is taking care of his Mom, Dolly. Joshua, Joe’s brother and Dolly’s other son, isn’t helping out. So Joe sues Joshua for help with Dolly’s care costs – and wins. Now Joshua has to pay $400 per month toward Dolly’s care costs. So says a recent decision of the Superior Court of Pennsylvania. Click
- [A Gold Digger Epidemic: Statistically Speaking](https://mielderlaw.com/plan-to-be-100/a-gold-digger-epidemic-statistically-speaking/) - Statistics can be fun. One of the big statistics driving the aging industry is the reality that people are living longer than ever. Get beneath the impressive growth of the aging population, get into some of the nuances, and see why certain issues seem to come up so frequently. One of those is what might
- [Ketching Up on Estate Recovery](https://mielderlaw.com/plan-to-be-100/ketching-up-on-estate-recovery/) - Tomorrow, Tuesday, is a red letter day in the elder law world. The Court of Appeals will hear oral arguments in the matter of In Re Estate of Ketchum. Ketchum is the fist case that has gone up to the COA to address that portion of Michigan’s estate recovery law which excludes an amount equal
- [Estate Recovery Timing Rule Clarified](https://mielderlaw.com/plan-to-be-100/estate-recovery-timing-rule-clarified/) - The Court of Appeals issued a published opinion in four estate recovery cases that were combined for the purpose of this opinion. Click here to read the opinion. In each case the following facts were in play: Someone began receiving long term care Medicaid benefits before the State of Michigan started putting language in the
- [Roush II: The Plot Thickens](https://mielderlaw.com/plan-to-be-100/roush-ii-the-plot-thickens/) - A little drama is stewing in the elder law world. I wrote about the Roush case when it came out. Click here to read that post appropriately titled “This Could Get Interesting.” Since then, the matter has been taken up by the Michigan Supreme Court. And the MSC requested that the Elder Law Section of
- [A Little More Than Kin (another Sunday morning detour)](https://mielderlaw.com/plan-to-be-100/a-little-more-than-kin-another-sunday-morning-detour/) - Hamlet said of his uncle who murdered his father and married his mother, that he is “a little more than kin, and less than kind.” In typical Shakespearian creativity, he captures the sense of something that is in between two things. So it is today with pets. They are, in many cases, a little more
- [And So It Ends – Perhaps](https://mielderlaw.com/plan-to-be-100/and-so-it-ends-perhaps/) - The Ketchum case discussed in more detail in a prior post was just released. It is a published Court of Appeals opinion. Click here to read the case. This case arises in the context of a series of cases that have been decided by the COA since Michigan first adopted an “estate recovery” law in
- [Litigation Strategies Part V:  Kissing Frogs](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-v-kissing-frogs/) - The topic of this post is: How to gather information at an initial meeting with clients seeking representation in an undue influence case, from a lawyer’s perspective. Start with the proposition that nearly all will and trust contests, and many financial exploitation cases, are, at their core, undue influence cases. Lack of capacity is commonly
- [Litigation Strategies Part VI: When in Doubt Depose](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-vi-when-in-doubt-depose/) - Most people can’t just look at other people’s emails, tax returns or bank accounts. They can’t ask them questions about their intentions, their prior statements or their relationships with other people, and require them to answer truthfully and completely. But lawyer’s can - if there is a case pending, and if it is “relevant” to
- [Litigation Strategies Part VII:  The Hands that Rock the Cradle](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-vii-the-hands-that-rock-the-cradle/) - Petitions, motions, discovery. It all matters. But when it comes to winning the guardianship/conservatorship case, there is an additional element – managing the court-appointed players. Specifically, the guardian ad litem (“GAL”) and doctor (usually a psychologist but sometimes psychiatrist) who conducts the independent medical evaluation. The GAL While all judges are different, most judges give
- [Litigation Strategies(ramblings) Part VIII: Squatting In the Bush](https://mielderlaw.com/plan-to-be-100/litigation-strategiesramblings-part-viii-squatting-in-the-bush/) - When I was here, I wanted to be there; when I was there, all I could think of was getting back into the jungle. I'm here a week now... waiting for a mission... getting softer. Every minute I stay in this room, I get weaker, and every minute Charlie squats in the bush, he gets
- [Long Sought Funeral Fix Awaits Signing](https://mielderlaw.com/plan-to-be-100/long-sought-funeral-fix-awaits-signing/) - It appears that the people of Michigan will soon be able to appoint a “funeral representative.” A funeral representative is a person who is authorized to make funeral and other arrangements regarding the disposition of the remains of the appointing person after that appointing person is dead. The appointment can be made in a will,
- [MFDA Chimes in on Funeral Rep Law](https://mielderlaw.com/plan-to-be-100/mfda-chimes-in-on-funeral-rep-law/) - The Michigan Funeral Directors Association contacted the author of this blogsite and offered a different perspective with respect to, in fact, takes exception to, the conclusions offered in my prior post regarding the anticipated funeral representative law, and specifically with the proposition that the funeral representative will have a legal obligation to follow the known
- [Messy Inheritance Case Makes Fun Reading – but leaves only questions](https://mielderlaw.com/plan-to-be-100/messy-inheritance-case-makes-fun-reading-but-leaves-only-questions/) - It’s 1931 and Tough Guy (“TG”) impregnates Mom then dies shortly thereafter in a street fight over Mom’s affections. TG dies before his baby is born. TG’s baby grows up and has one child. That child (TG’s grandchild) dies many years later, leaving no will and no issue, no surviving parents or grandparents, but an
- [Like Batman v Superman – only darker: The Coming Generational Battle](https://mielderlaw.com/plan-to-be-100/like-batman-v-superman-only-darker-the-coming-generational-battle/) - People sometimes ask me how our firm is being impacted by the aging of Baby Boomers. I try to avoid the topic, because once I get started I hear myself becoming dark and foreboding – not a role I like to play. So if you prefer uplifting topics with your coffee or tea – read
- [New Medicaid Policy on VA Income](https://mielderlaw.com/plan-to-be-100/new-medicaid-policy-on-va-income/) - Understanding the way Medicaid programs treat income-like benefits paid by the Veterans Administration have always been confusing (at least to me). Until now, Medicaid policy on the subject was sparse. Good news, as of April 1, we have a lot more detail. Bad news, I still don’t understand. It’s important because people who can combine
- [Four Companies Approved to Sell LTCI Partnership Policies](https://mielderlaw.com/plan-to-be-100/four-companies-approved-to-sell-ltci-partnership-policies/) - Topic: The Long Term Care Insurance Partnership Program. Background: This topic was previously addressed in these posts: LTC Insurance Partnership Shows Signs of Life (posted March 29, 2015); and LTCI Partnership Update (posted August 19, 2015). What’s New? Public Act 198 of 2015 which implemented the Long Term Care Insurance Partnership Program in Michigan took
- [Gilligan’s Island Meets Elder Law](https://mielderlaw.com/plan-to-be-100/gilligans-island-meets-elder-law/) - So what happened after the rescue? These are my thoughts (just for laughs): Gilligan A simple well-meaning man, after his rescue, his celebrity status generated a substantial income. But his generosity to friends and good causes left him without sufficient resources to provide for adequate care options as he aged. He died ignobly at age
- [Roush III: Missed Opportunity and Unintended Consequences](https://mielderlaw.com/plan-to-be-100/roush-iii-missed-opportunity-and-unintended-consequences/) - I posted twice before on the Roush case. Click here and here for the background. In short, the issue in this case is: When a person who has previously created a patient advocate designation is deemed unable to make their own medical decisions by two doctors, then revokes that patient advocate designation, are that person’s
- [This is My Rock](https://mielderlaw.com/plan-to-be-100/this-is-my-rock/) - Thoughts About Social Justice and Estate Planning Close your eyes and imagine somewhere, sometime a long time ago – someone stood up and said “this is my rock.” I’m guessing that the reaction of those around him/her was: “WTF is this person talking about?” Little did they know what was coming. Now many thousands of
- [Two Quickies](https://mielderlaw.com/plan-to-be-100/two-quickies/) - The End of MCR 5.801(B) The worst Court Rule ever, which requires some probate matters to be appealed to Circuit Court and some to the Court of Appeals, is about to be fixed. The Michigan House and Senate have passed legislation which would send all final orders of the probate court to the Court of
- [Ombudsman Finds New Home](https://mielderlaw.com/plan-to-be-100/ombudsman-finds-new-home/) - As of October 1, 2016, the State Long Term Care Ombudsman office will move from being within State government to a nonprofit wholly outside State government. That’s a good thing, and a long time coming. The Michigan Long Term Care Ombudsman Program has been housed within the Aging and Adult Services Department of the Michigan
- [What I’ve Learned from Susie – So Far](https://mielderlaw.com/plan-to-be-100/what-ive-learned-from-susie-so-far/) - This client was only in her mid-sixties. Her husband had advanced early-onset dementia. She was burned out but unwilling to acknowledge it. A friend had dragged her to the office to get advice about long term care. I looked at her questionnaire. No problem here getting qualified for Medicaid benefits. The issue was whether she
- [Nothing New:  DCH Wins Again](https://mielderlaw.com/plan-to-be-100/nothing-new-dch-wins-again/) - The Court of Appeals has issued yet another published opinion re Michigan's Medicaid Estate Recovery Program. Click here to read In Re Estate of Catherine Klein. The case repeats the factual circumstances of prior estate recovery cases - and the result, not surprisingly, is the same. Hard to understand why this opinion is published -
- [New Policy undermines LTC Partnership Insurance Benefits](https://mielderlaw.com/plan-to-be-100/new-policy-undermines-ltc-partnership-insurance-benefits/) - Foolish me. I got excited about the implementation of a long term care insurance partnership program in Michigan, and have written about it here several times. As previously discussed, the law, which was finally implemented just this spring, provided two benefits to those who purchased and used a LTC partnership policy: (1) an increased asset
- [Meaty Morris Matter Unfortunately Unpublished](https://mielderlaw.com/plan-to-be-100/meaty-morris-matter-unfortunately-unpublished/) - The Court of Appeals recently released its opinion in the Estate of Stanley Morris. Click on the name to read the case. There’s a lot here, and a lot of what, in my opinion, is new law or at least clarifications. Someone put some time into researching and writing this opinion, and I will try
- [Show Me the Money](https://mielderlaw.com/plan-to-be-100/show-me-the-money/) - There’s a new published probate court case arising out of two matters in Jackson County. The case holds that if you don’t have any money, and even if you are on public benefits, you still have to pay an inventory fee so long as the estate has resources – but maybe not the filing fee.
- [Estate Recovery Percolates in COA](https://mielderlaw.com/plan-to-be-100/estate-recovery-percolates-in-coa/) - In yet another unpublished Court of Appeals decision on the topic of estate recovery, the COA upholds a result previously announced in the Keyes case (discussed in prior posts). This case is one in a string of cases dealing with the timing that a Medicaid beneficiary received notice of the State’s estate recovery program, and
- [Who Gets the Grow Lamps?](https://mielderlaw.com/plan-to-be-100/who-gets-the-grow-lamps/) - Thoughts on Plain English and Terms of Art In recent years, lawyers – or at least legal academics – have pushed the concept that lawyers need to write using “plain English.” The movement is presumably designed to make the legal world more accessible to laypersons. Like many concepts that seem admirable on their face, I
- [A Bridge Too Far](https://mielderlaw.com/plan-to-be-100/a-bridge-too-far/) - When clients come in with really difficult problems, we all try to come up with creative solutions to get them out of the jam. But there is a line where “creative solutions” ends and “WTF give it a try, there’s nothing to lose” begins. File this unreported COA case in that second bin. Lyle was
- [Four New Things](https://mielderlaw.com/plan-to-be-100/four-new-things/) - Michigan Launches ABLE Accounts Michigan will unveil details about it’s ABLE program November 1. ABLE is the Achieving Better Life Experience ACT that each State can implement, and that allows for tax-free savings accounts to be established for persons with disabilities. Click here for an update on the Michigan account, written by our own Chris
- [A Hospice Philosopher](https://mielderlaw.com/plan-to-be-100/a-hospice-philosopher/) - I attended a memorial service this week. There was a lunch, and for part of the time I sat with a woman I had never met. She was a friend of my aunt (the mother of my recently deceased cousin). She told me that she was a hospice nurse. She said she had been a
- [Medical Experts Carry Conservatorship Case](https://mielderlaw.com/plan-to-be-100/medical-experts-carry-conservatorship-case/) - Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak. Congrats to my colleague Valerie Kutz-Otway for her successful advocacy on behalf of her client, Mr. Michalak. The case suggests an issue that I think we all struggle with at times, the extent to which the determination
- [Lame Duck Legislature Lays Golden Egg – BIG TIME](https://mielderlaw.com/plan-to-be-100/lame-duck-legislature-lays-golden-egg-big-time/) - DAPT – learn it and love it. Soon it will be all the talk. Domestic asset protection trusts. The news is that the Michigan legislature has approved a pair of bills that would make Michigan one of fifteen states with such laws, and of those states, one of the most attractive for persons seeking this
- [Two Happy Notes](https://mielderlaw.com/plan-to-be-100/two-happy-notes/) - On the topic of self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), the “Special Needs Trust Fairness Act” has passed both houses of Congress and is headed to the desk of President Obama for his signature. These trusts have long been used to protect the assets of persons who are disabled and
- [Estate Recovery – Last Gasp or Second Wind](https://mielderlaw.com/plan-to-be-100/estate-recovery-last-gasp-or-second-wind/) - Thursday, January 12, the Michigan Supreme Court is scheduled to hear oral arguments in several combined matters all relating to the issue of Medicaid estate recovery. The main issue in these cases is whether the manner in which the State implemented the estate recovery program gave those Medicaid beneficiaries who were subject to recovery sufficient
- [Medicaid Block Grants – What If?](https://mielderlaw.com/plan-to-be-100/medicaid-block-grants-what-if/) - The news over the weekend is hardly new at all. President Trump’s plan for fixing Medicaid is to send a set amount of money to each state and let them figure out how to run their own Medicaid programs. It’s called “block grants” and the idea has been tossed around for years. Click here for
- [Pins and Pictures](https://mielderlaw.com/plan-to-be-100/pins-and-pictures/) - I struck up a conversation with a woman sitting next to me on a bench in a courtroom in Mio Michigan this week. I asked her if she had any photographs of the stories she was telling me. “Yes” she said “in my mind.” Ah. The best kind. From 1940 – 1954 her father was
- [Playing the Sanctions Game in Probate Court](https://mielderlaw.com/plan-to-be-100/playing-the-sanctions-game-in-probate-court/) - The Court of Appeals recently issued an unpublished opinion in three combined appeals all relating to the Estate of Robert Winfield Cederquist (click here to read the opinion). The case provides a good launching spot from which to review the rules related to sanctions for frivolous pleadings and wasteful litigation in the course of probate
- [Uncapping Triggered by Date of Settlor's Death](https://mielderlaw.com/plan-to-be-100/uncapping-triggered-by-date-of-settlors-death/) - 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
- [I’m Your Lawyer – You Can Trust Me – Starting….. Now](https://mielderlaw.com/plan-to-be-100/im-your-lawyer-you-can-trust-me-starting-now/) - 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,
- [The Problem with Mediators](https://mielderlaw.com/plan-to-be-100/the-problem-with-mediators/) - 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,
- [Credit Union Joint Account Cases Messier Yet](https://mielderlaw.com/plan-to-be-100/credit-union-joint-account-cases-messier-yet/) - 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
- [Peter’s Principles and Our Evolving Understanding of Exploitation](https://mielderlaw.com/plan-to-be-100/peters-principles-and-our-evolving-understanding-of-exploitation/) - 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
- [A Hat Trick and a Bonus Medicaid Update](https://mielderlaw.com/plan-to-be-100/a-hat-trick-and-a-bonus-medicaid-update/) - It’s been awhile since there’s been something to write about. So when the Court of Appeals came out with three unpublished opinions on probate matters, I figured I would go with it. The Ineffective Beneficiary Designation Joseph came back from his job in Australia to die in the U.S.. While in Australia he accumulates
- [MSC Takes Its Shot at Estate Recovery](https://mielderlaw.com/plan-to-be-100/msc-takes-its-shot-at-estate-recovery/) - The Michigan Supreme Court has released an opinion in four combined cases all involving Michigan's Medicaid Estate Recovery Program. As we've learned from prior posts, the Michigan Court of Appeals has not been a friendly environment for Medicaid long term care planning (see for instance the “Bloody Thursday” from just a few weeks ago). Well it turns out the
- [Civil Actions versus Proceedings in Probate Court](https://mielderlaw.com/plan-to-be-100/civil-actions-versus-proceedings-in-probate-court/) - When starting a new litigation matter in probate court, a threshold issue is to determine whether the matter should be characterized as a probate “proceeding” or a “civil action.” There are significant differences between the two, including what court or courts it can be filed in; and what type of pleading, a petition or a summons
- [Prolonged Fees Fight Offers Lessons and Concerns](https://mielderlaw.com/plan-to-be-100/prolonged-fees-fight-offers-lessons-and-concerns/) - Cases about legal fees are always curious, and who pays whose legal fees is almost always an issue in probate litigation. This new unpublished Court of Appeals opinion is the second appeal in the same matter. The facts are complicated and somewhat hard to follow – but for those of us who handle these issues,
- [Remainder Beneficiary of Revocable Trust has Standing to Sue Trustee for Breach](https://mielderlaw.com/plan-to-be-100/remainder-beneficiary-of-revocable-trust-has-standing-to-sue-trustee-for-breach/) - UPDATE: On June 8, 2018, the Michigan Supreme Court vacated those portions of this decision that incorrectly construed the Michigan Trust Code provisions related to standing to initiate a trust proceeding. The MSC also remanded the case to the Court of Appeals to be corrected and reissued. Click here to read the MSC Order. When a new
- [Another Brody Bombshell](https://mielderlaw.com/plan-to-be-100/another-brody-bombshell/) - UPDATE: This decision was subsequently revised. Some of the problematic aspects of the COA opinion were corrected. See Better Than Nothing? for details. This is a published Court of Appeals opinion involving the appointment of a conservator over an adult under EPIC. Click here to read In Re Conservatorship of Rhea Brody. This case
- [Meritless is Good.  Frivolous would have been Better.](https://mielderlaw.com/plan-to-be-100/meritless-is-good-frivolous-would-have-been-better/) - This is a Chalgian and Tripp case just handed down from the Court of Appeals. Unpublished. Click here to read In Re Conservatorship of Ueal E. Patrick. Ueal is a prominent business man in Jackson. He was involved in litigation. Ueal’s health was declining and the stress of the litigation was making it worse. In
- [Share and Share Alike](https://mielderlaw.com/plan-to-be-100/share-and-share-alike/) - This is an unpublished will construction case. To read In Re Estate of Eugenie Dietrich, click on the name. In other posts (see for instance Who Gets the Grow Lamps?) we’ve seen the problems that arise when attorneys fail to use the precise legal terms of art. In this case, we see the problems that
- [Ramblings on Race and Retirement Michigan-Style](https://mielderlaw.com/plan-to-be-100/ramblings-on-race-and-retirement-michigan-style/) - I recently settled a case in Traverse City. The case was pretty involved and I spent a lot of time up there this summer. As most of you probably appreciate, Traverse City is a retirement community, so most of the people there were my age or older – and dang near all of them were
- [Lay Witness Testimony Regarding Cognitive Impairment](https://mielderlaw.com/plan-to-be-100/lay-witness-testimony-regarding-cognitive-impairment/) - In the recently unpublished Court of Appeals case of Rebecca L. Clemence Revocable Trust (click on name to read the case), the trial judge essentially granted summary disposition in a trust contest case, without summary disposition even having been requested. In doing so, the trial judge expressed frustration that the matter had continued for so
- [POST Set to Join Michigan’s Medical Directive Stew](https://mielderlaw.com/plan-to-be-100/post-set-to-join-michigans-medical-directive-stew/) - When it comes to medical care advance directives, we Michiganders have patient advocate designations, advance directives, and do not resuscitate orders. Soon, it appears, we will also have POST forms. Laws requiring the development of, and allowing for the use of, POST (or Physician’s Order for Scope of Treatment) forms in Michigan have now been
- [New Articles](https://mielderlaw.com/plan-to-be-100/new-articles/) - Looking for something to read this holiday weekend? Here are two articles recently published in the Michigan Funeral Directors Magazine. Click on the names to read the articles: Guilty Thoughts at the Funeral Home The Fall of the High Achiever Happy Thanksgiving
- [Best of 2017](https://mielderlaw.com/plan-to-be-100/best-of-2017/) - We've hit a slow stretch. Although there have been a slew of cases released by the Court of Appeals since Thanksgiving, none of them seemed blogworthy. Or maybe it's just me. In any event, the year is closing out and accordingly I give you the most popular posts of 2017: Number one was called "Bloody
- [Storm Clouds in Elder Law Land](https://mielderlaw.com/plan-to-be-100/storm-clouds-in-elder-law-land/) - It seems to me that we are living through what could be a case study on the way the law evolves to address a rapidly changing social environment. More people are living longer. More people are experiencing age-related cognitive impairments. At the same time family dysfunction seems to be the rule, not the exception. As
- [Lost Wills – A Tough Row to Hoe](https://mielderlaw.com/plan-to-be-100/lost-wills-a-tough-row-to-hoe/) - This juicy little soap opera out of Battle Creek starts where so many of such tales begin: Dad is married but his children are from a prior relationship. Then Dad dies. Daughter Brooke actually goes through the pockets of the dead man looking for the keys to the gun safe where he kept his will
- [SBO Believers Hear Heartbeat](https://mielderlaw.com/plan-to-be-100/sbo-believers-hear-heartbeat/) - In June 2017, I wrote about the combined cases of Hegadorn and Ford under the title Bloody Thursday. As discussed in that post, these combine Court of Appeals cases supported the Michigan Department of Health and Human Services conclusion that resources held in a “solely for the benefit” trust are countable assets for the purposes
- [No Love for Contingency Contractor](https://mielderlaw.com/plan-to-be-100/no-love-for-contingency-contractor/) - In the combined cases of In Re Estate of Lujan and In Re Estate of Gulick (click on name to read opinion), the Court of Appeals upholds the trial court’s decision that a third-party contractor, Probate Asset Recovery LLC (“PAR”), is not entitled to a contingency fee for finding abandoned real properties (which have equity
- [Fighting Over Rosa Parks’ Coat](https://mielderlaw.com/plan-to-be-100/fighting-over-rosa-parks-coat/) - The Michigan Court of Appeals released what will presumably be the final statement on litigation involving the estate of Rosa Parks, the deceased civil rights icon who died a resident of Wayne County in 2005. Click here to read the unpublished opinion. The case is lengthy, and details much of the history of the litigation.
- [Practice Alert: Homeowner’s Coverage Doesn’t Extend to Trust](https://mielderlaw.com/plan-to-be-100/practice-alert-homeowners-coverage-doesnt-extend-to-trust/) - Floyd lived in a house owned by Floyd’s revocable trust. But the homeowner’s insurance policy was issued to Floyd individually. After Floyd died, a family member was in the house removing personal property and was injured. That injured person sued the Trust and was awarded $100,000. Trustee submitted the award to the insurance company for
- [The Imperfect Bandage of Undue Influence](https://mielderlaw.com/plan-to-be-100/the-imperfect-bandage-of-undue-influence/) - A rant this morning. Something to think about over your Sunday morning coffee (or tea). Our firm starts lawsuits involving vulnerable adult exploitation as much as anyone I suppose. And we almost always plead two things: incapacity and undue influence. While in some cases the evidence may support the proposition that the person really was so
- [The Fix Is In](https://mielderlaw.com/plan-to-be-100/the-fix-is-in/) - In the process of probate administration, there are certain “allowances” that are paid “off the top” before creditors and beneficiaries get what they have coming. Among those is the exempt property allowance. The exempt property allowance is currently $15,000. It goes to the surviving spouse, but if there is no spouse surviving, it is divided
- [Better Than Nothing?](https://mielderlaw.com/plan-to-be-100/better-than-nothing/) - The Michigan Supreme Court has issued an Order denying leave in In Re Conservatorship of Rhea Brody. However, this same Order “further notes” that the Opinion of the Court of Appeals which was the subject of the request for leave was reformed after the briefs in the case were filed. Click here to read the
- [Medicaid Planners Get Rare Win from COA](https://mielderlaw.com/plan-to-be-100/medicaid-planners-get-rare-win-from-coa/) - The Michigan Court of Appeals has issued an opinion regarding the appropriateness of using probate court protective orders to obtain spousal support orders in situations where such orders impact the calculation of a nursing home resident’s Medicaid “patient pay amount.” The outcome is 80% good for planners, and as such is a refreshing break from
- [COA Sets the Record Straight on Priorities](https://mielderlaw.com/plan-to-be-100/coa-sets-the-record-straight-on-priorities/) - This new published Court of Appeals opinion shouldn’t surprise anyone. The COA holds that where a professional guardian/conservator resigns, and the only adult child of the ward petitions to be appointed guardian and conservator, the probate court cannot appoint a new professional guardian and conservator unless it makes a finding that the child is unsuitable.
- [Beneficial Interest in Trust Enough for PRE](https://mielderlaw.com/plan-to-be-100/beneficial-interest-in-trust-enough-for-pre/) - In this published decision, the Michigan Court of Appeals goes to great lengths to conclude that a person who lives in a house that is owned by an irrevocable trust, which trust provides this person with a right of occupancy, is an "owner" of the house for the purposes of qualifying for the personal residence
- [MSC Fixes Brody Trust](https://mielderlaw.com/plan-to-be-100/msc-fixes-brody-trust/) - UPDATE: The Court of Appeals issued a new opinion on August 7, 2018. The blog post on that opinion can be read by clicking here. As previously discussed on this blogsite, the problem with this Rhea Brody Trust case is that the Court of Appeals misconstrued the standing provisions of the Michigan Trust Code in
- [State Supremes Issue Split Decision on Mardigian](https://mielderlaw.com/plan-to-be-100/state-supremes-issue-split-decision-on-mardigian/) - Relish the moment because this is as exciting as probate law gets. We’ve written about the case before (See: This is Awkward). Attorney prepares an estate plan (will and trust) for non-relative, leaving millions to said attorney and attorney’s family. Trial court says: An attorney can’t do that under the rules of professional conduct, and
- [Sunday Thinking: Moments of Perfection](https://mielderlaw.com/plan-to-be-100/sunday-thinking-moments-of-perfection/) - At this time of year, looking out at the lush Michigan vegetation, I am often reminded of one of Shakespeare's sonnets – No 15, in which he observes that all things, humans included, experience a moment of perfection. A moment we build toward and from which we decline. He reflects on physical perfection, but it
- [Divestment Rules for Medicaid Waiver Clarified – Maybe](https://mielderlaw.com/plan-to-be-100/divestment-rules-for-medicaid-waiver-clarified-maybe/) - A policy bulletin has been issued by the Michigan Department of Health and Human Services which provides additional direction on when and how a divestment penalty period runs for persons otherwise eligible of Medicaid Home and Community Based Waiver services (aka the ”MIChoice” program). Click here to read the policy bulletin, which takes effect October
- [Terror Clause Canaries Don’t Fly](https://mielderlaw.com/plan-to-be-100/terror-clause-canaries-dont-fly/) - In this unpublished decision from the Court of Appeals, a potential litigant filed a “petition for instruction” which asked the trial judge to decide the question of: If a subsequent petition to modify the trust were filed, whether such a petition would be deemed to violate the trust’s terror clause and thereby cause petitioner to
- [VA Program Adds Divestment Rules and More](https://mielderlaw.com/plan-to-be-100/va-program-adds-divestment-rules-and-more/) - The so-called “Aid and Attendance” pension has become an important source of income for older adults needing long term care services, and an important source of business for some elder law attorneys. The program is offered through the Veterans Administration. Eligibility requires military service during a period of conflict, or being the spouse or surviving
- [Unpublished Decision Demonstrates Difficulties Inherent in Setting Aside Settlements](https://mielderlaw.com/plan-to-be-100/unpublished-decision-demonstrates-difficulties-inherent-in-setting-aside-settlements/) - The process by which this issue arises is somewhat confusing, but basically the facts are that: Parent has two children. Original trust leaves residue to his children 50-50; and if either child predeceases, the share of predeceased child goes to the descendants of the deceased child. One child dies and then the parent becomes demented,
- [Judge Brennan’s Passing](https://mielderlaw.com/plan-to-be-100/judge-brennans-passing/) - I read about Judge Tom Brennan’s passing with sadness. I met him once under very unusual circumstances. He was more than gracious. I am a Cooley grad. I know many fine lawyers who are as well. Yes, Michael Cohen, is a Cooley grad; but so is Judge Aqualina. Read more here: https://www.cooley.edu/news/law-school-community-mourns-passing-its-founder-hon-thomas-e-brennan
- [Policy Tweaks Scare Medicaid Geeks](https://mielderlaw.com/plan-to-be-100/policy-tweaks-scare-medicaid-geeks/) - When it comes to Medicaid planning, truly the devil is in the details; and the “details” are found in the Michigan Department of Health and Human Services (MDHHS) policy manuals, most often the Bridges Eligibility Manual (the “BEM”). MDHHS has announced several language revisions to a variety of BEM items, all taking effect October 1.
- [PR Appointment for Estate with No Assets](https://mielderlaw.com/plan-to-be-100/pr-appointment-for-estate-with-no-assets/) - Here’s a case that’s worth filing away for those who do probate litigation and estate administration. It’s unpublished, but addresses an issue that comes up not infrequently. The holding is that a probate court cannot deny a petition to appoint a personal representative on the grounds that the estate has no assets. In In Re
- [Opinion puts Fees of Former PR’s (and their Attorneys) at Risk](https://mielderlaw.com/plan-to-be-100/opinion-puts-fees-of-former-prs-and-their-attorneys-at-risk/) - If you are a lawyer who handles probate estate administration, you will want to take note of this unpublished Court of Appeals opinion. The gravamen of this decision is that a claim for fees by a personal representative who has been removed or who resigns, will be barred unless it is filed within four months
- [Henry Ford Village Refund Policy Upheld by COA](https://mielderlaw.com/plan-to-be-100/henry-ford-village-refund-policy-upheld-by-coa/) - Henry Ford Village is a large senior housing provider in the metro Detroit area. At least some of their residents enter into continuing care contracts that require an up front entrance fee, some or all of which fee can later be refunded in accordance with the terms of the admissions contract. In the case of
- [The Next BIG Thing in Michigan Trust Law](https://mielderlaw.com/plan-to-be-100/the-next-big-thing-in-michigan-trust-law/) - Legislation currently moving through Michigan’s House and Senate will, if passed, dramatically impact the world of trust law in Michigan, and especially the drafting of discretionary trusts. Indications are that there is a good chance this legislation will become law before the year end. And so …. it’s probably time to start thinking about it.
- [Great Facts and Experts Can’t Survive Summary](https://mielderlaw.com/plan-to-be-100/great-facts-and-experts-cant-survive-summary/) - An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in the context of a motion for summary disposition. In In Re Jeannine A. Palazzo Irrevocable Trust (click on the name to read the case), the attorney/trustee failed
- [Summary Affirmed in Undue Influence Case](https://mielderlaw.com/plan-to-be-100/summary-affirmed-in-undue-influence-case/) - In Re Margaret Krum Trust is an unpublished decision of the Court of Appeals dealing with undue influence. [Click on the name to read the case.] This is a case that was handled by our firm. We represented the appellee. Two sisters were cut out of their mother’s trust, and contested the validity of the
- [Test of Capacity is a Function of Complexity](https://mielderlaw.com/plan-to-be-100/test-of-capacity-is-a-function-of-complexity/) - Party A argued that because a person executed a financial power of attorney and patient advocate designation in June of 2013, the trial court should have found that said person must have been competent to execute a shareholder’s proxy signed in December of that same year. But the trial court found otherwise. In affirming the
- [Capacity to Nominate](https://mielderlaw.com/plan-to-be-100/capacity-to-nominate/) - The question is this: When a person who is the subject of a petition for guardianship or conservatorship nominates an individual they want to serve in those capacities, to what extent is the court required to grant the nominated individual a priority of appointment? A new unpublished opinion discusses that question, and while I think
- [The Year I Lost My Innocence - Again](https://mielderlaw.com/plan-to-be-100/the-year-i-lost-my-innocence-again/) - I will remember 2018 as the year we celebrated my mentor’s 80th birthday, and I was able to share publicly the love and appreciation I have for him. I will remember 2018 as the year I sponsored two incredible young people to be admitted to the legal profession. I will remember 2018 as the year
- [Wrapping up 2018 on plantobe100.com](https://mielderlaw.com/plan-to-be-100/wrapping-up-2018-on-plantobe100-com/) - Another year and another bevy of interesting developments in Michigan probate law. An update: In lame duck session, both houses of the Michigan legislature passed the Michigan version of the Uniform Directed Trustee Act, and the law was signed by the Governor. I discussed this important new law in the recent post: The Next Big Thing in
- [Published Opinion:  No Immunity for Retained Expert](https://mielderlaw.com/plan-to-be-100/published-opinion-no-immunity-for-retained-expert/) - This question could have come up in some other type of case, but it came up in a probate case and that case is published, so I’ll write about it - briefly. The question is: Can I sue my own expert witness for malpractice? The answer is: Yes. That answer did not surprise me. To
- [New Article on Exploitation Cases](https://mielderlaw.com/plan-to-be-100/new-article-on-exploitation-cases/) - I mentioned this article in a prior post. Something I wrote that was published in this month's Michigan Bar Journal. If you haven't seen it, and want to read it, click here: Best Practices for Family Exploitation Cases.
- [Litigation Strategies Part IX: Six pages of: “You Lose”](https://mielderlaw.com/plan-to-be-100/litigation-strategies-part-ix-six-pages-of-you-lose/) - I was reading an unpublished court of appeals opinion the other day. It was six pages long and pretty much every part of it could be summarized as: “and therefore the Appellant loses.” I read most every probate case that comes out, published and unpublished, and I write about a few of them, but I
- [Reflections from a Costly Goose Chase](https://mielderlaw.com/plan-to-be-100/reflections-from-a-costly-goose-chase/) - The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be paid out of the estate. In In Re Conservatorship of Marilyn Burhop the probate court appointed a local lawyer (“Jones”) as conservator over a vulnerable adult (click
- [A Corktown Hotch Potch](https://mielderlaw.com/plan-to-be-100/a-corktown-hotch-potch/) - UPDATE: The case of In Re Monier Khalil Living Trust was first published March 12, 2019. For reasons I do not fully understand, the Court of Appeals granted a motion for reconsideration, vacated its original opinion and issued a new opinion on May 14, 2019, also published. Click here to read on the newer and
- [Free Programs on New Trust Law](https://mielderlaw.com/plan-to-be-100/free-programs-on-new-trust-law/) - We interrupt this blog for a special message. Chalgian and Tripp Law Offices will be hosting a series of conversations about the new divided and directed trustee laws that take effect this month. I wrote about the importance of these new laws in my prior post: The Next Big Thing in Michigan Trust Law (click
- [Proposed Policy Promises Problems for Planners](https://mielderlaw.com/plan-to-be-100/proposed-policy-promises-problems-for-planners/) - This is a post about Medicaid long term care planning. The topic is a proposed policy change related to the use of promissory notes in Medicaid planning. If adopted, the new policy would take effect July 1, 2019. The proposed policy says: In order for a promissory note to be a bona fide loan: The
- [Another POST Post](https://mielderlaw.com/plan-to-be-100/another-post-post/) - It’s been over a year since Michigan adopted a law authorizing the use of a Physician’s Order for Scope of Treatment (POST). The details of that law were discussed in that prior post: POST set to join Michigan’s Medical Directive Stew. (Click on the name to read that post.) As discussed in that prior post,
- [COA Gives Special Needs Community Big Win in Placement Case](https://mielderlaw.com/plan-to-be-100/coa-gives-special-needs-community-big-win-in-placement-case/) - This is a published decision about a guardianship over a person with a developmental disability (a “DD guardian”), and more specifically, the powers of a DD guardian versus Community Mental Health ("CMH") with respect to the transfer of the protected person from one CMH facility to another. As probate lawyers understand, DD guardianships are not
- [New Medicaid Case Revisits Spousal Income Diversion](https://mielderlaw.com/plan-to-be-100/new-medicaid-case-revisits-spousal-income-diversion/) - A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of a married person in a nursing home who is receiving Medicaid benefits, when that order impacts how much of the income of the nursing home resident can
- [Judge Jails Trustee/P.R.](https://mielderlaw.com/plan-to-be-100/judge-jails-trustee-p-r/) - A new unpublished case offers a helpful refresher on contempt proceedings in the context of trust and estate administration. “Vera” was removed as co-trustee and co-personal representative of her mother’s trust and estate. After her removal, the probate Court determined that Vera had deeded herself real property that she was not entitled to receive. The
- [Expressions of Intent: Admissible but Insufficient](https://mielderlaw.com/plan-to-be-100/expressions-of-intent-admissible-but-insufficient/) - Dad holds family meeting before he dies, and says he wants everything to go equally to his six children. He specifically indicates that this includes all assets controlled by beneficiary designation. His will likewise provides for equal division. But when he dies, the beneficiary on one IRA is to one of his children, individually. The
- [Probate Appeals:  By the Numbers](https://mielderlaw.com/plan-to-be-100/probate-appeals-by-the-numbers/) - If you like statistics, you might find this interesting. With the assistance of a law clerk, we cataloged every case appealed from a probate court between June 1, 2016 and May 30, 2019 (three years), to see what we could find out. We came up with 144 cases. For the purposes of this blog post,
- [Drafting Trap Proves Litigator’s Life Line](https://mielderlaw.com/plan-to-be-100/drafting-trap-proves-litigators-life-line/) - The Michigan Trust Code provides for a fairly strict statute of limitations to contest the validity of a trust agreement that “was revocable at the settlor's death.” Most estate planning lawyers presumably operate on the assumption that this protection applies to the revocable trust agreements they routinely draft for their clients. But as this (unfortunately)
- [Let’s Talk About Medicaid Changes](https://mielderlaw.com/plan-to-be-100/lets-talk-about-medicaid-changes/) - Chalgian and Tripp will be putting on a series of conversations about recent changes to Medicaid planning rules, including the impact of the Hegadorn decision, the status of SBO Trusts, and the latest considerations regarding homestead treatment and protective orders. There will be a program in Saginaw (August 20), with the discussion led by David
- [I’ve got a feeling](https://mielderlaw.com/plan-to-be-100/ive-got-a-feeling/) - The big news at our firm is that James P. Spica is joining Chalgian and Tripp as of September 1. The big news in my personal life is that I turned 60 years-old a few weeks back. Looking for Adventure Jim is leaving the silk stocking firm of Dickinson Wright, a firm that is well
- [American Austerity](https://mielderlaw.com/plan-to-be-100/american-austerity/) - The boomers are aging in huge numbers. The ratio between working-age tax payers and retirees is slanting rapidly toward the retirees. The government programs that provide care for the aged are already unsustainable. The seemingly obvious result of this reality is that boomers can expect significantly less government support than the current generation of elders.
- [Guardianship Law Change](https://mielderlaw.com/plan-to-be-100/guardianship-law-change/) - There was a big change in guardianship law – or was there? Public Act 173 took effect October 1, 2012 (and can be found on our website’s professional resources page). It is a big bill, modifying 8 statutes. It purports to be a major revision of guardianship and conservatorship law in Michigan, and while the bill
- [First Generation](https://mielderlaw.com/plan-to-be-100/first-generation/) - When thinking about the law and aging, it is important to appreciate that we are the first generation to deal with this issue. A generation ago people did not regularly live to be 90 or 100 years-old, and because cognitive impairments are so closely correlated to advanced age, the societal challenges created as a result
- [Proposed Medicaid Policy Change Released](https://mielderlaw.com/plan-to-be-100/proposed-medicaid-policy-change-released/) - The State has issued proposed policy changes to the Medicaid program, which, if adopted, would be effective October 1, 2102. To review the proposed policy click here: Proposed Medicaid Policy. In terms of advising elderly clients seeking long term care Medicaid benefits, the interesting provisions of this proposed policy are: 1) Married couples are allowed one
- [Rebutting Presumption of Undue Influence](https://mielderlaw.com/plan-to-be-100/rebutting-presumption-of-undue-influence/) - It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older gentleman. His wife of many years dies. New woman becomes involved. Alienates family. He dies. She produces a will (surprise) leaving everything to her. At the trial

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- [support trust](https://mielderlaw.com/blog/tag/support-trust/)
- [Breach of Fiduciary Duty](https://mielderlaw.com/blog/tag/breach-of-fiduciary-duty/)
- [constructive trust](https://mielderlaw.com/blog/tag/constructive-trust/)
- [claim for caregiving servinces](https://mielderlaw.com/blog/tag/claim-for-caregiving-servinces/)
- [claims by personal representative](https://mielderlaw.com/blog/tag/claims-by-personal-representative/)
- [PIP benefits](https://mielderlaw.com/blog/tag/pip-benefits/)
- [filial responsibility](https://mielderlaw.com/blog/tag/filial-responsibility/)
- [gold digger](https://mielderlaw.com/blog/tag/gold-digger/)
- [In Re Ketchum](https://mielderlaw.com/blog/tag/in-re-ketchum/)
- [pet trusts](https://mielderlaw.com/blog/tag/pet-trusts/)
- [Hardship Exemption](https://mielderlaw.com/blog/tag/hardship-exemption/)
- [Home of modest value](https://mielderlaw.com/blog/tag/home-of-modest-value/)
- [Ketchum Estate](https://mielderlaw.com/blog/tag/ketchum-estate/)
- [depositions](https://mielderlaw.com/blog/tag/depositions/)
- [discovery](https://mielderlaw.com/blog/tag/discovery/)
- [scope of discovery](https://mielderlaw.com/blog/tag/scope-of-discovery/)
- [guardian ad litem](https://mielderlaw.com/blog/tag/guardian-ad-litem/)
- [Independent medical examm IME](https://mielderlaw.com/blog/tag/independent-medical-examm-ime/)
- [funeral representative](https://mielderlaw.com/blog/tag/funeral-representative/)
- [Michigan funeral representative](https://mielderlaw.com/blog/tag/michigan-funeral-representative/)
- [after born child](https://mielderlaw.com/blog/tag/after-born-child/)
- [MCL 700.2114](https://mielderlaw.com/blog/tag/mcl-700-2114/)
- [posthmous child](https://mielderlaw.com/blog/tag/posthmous-child/)
- [boomers v millennials](https://mielderlaw.com/blog/tag/boomers-v-millennials/)
- [Aid and Attendance](https://mielderlaw.com/blog/tag/aid-and-attendance/)
- [Waiver](https://mielderlaw.com/blog/tag/waiver/)
- [long term care partnership policies](https://mielderlaw.com/blog/tag/long-term-care-partnership-policies/)
- [cut out spouse](https://mielderlaw.com/blog/tag/cut-out-spouse/)
- [forced share](https://mielderlaw.com/blog/tag/forced-share/)
- [MCL 700.2202](https://mielderlaw.com/blog/tag/mcl-700-2202/)
- [conservatorship appeals](https://mielderlaw.com/blog/tag/conservatorship-appeals/)
- [guardianship appeals](https://mielderlaw.com/blog/tag/guardianship-appeals/)
- [Michigan long term care ombudsman](https://mielderlaw.com/blog/tag/michigan-long-term-care-ombudsman/)
- [hearsay](https://mielderlaw.com/blog/tag/hearsay/)
- [joint accounts](https://mielderlaw.com/blog/tag/joint-accounts/)
- [probate filing fee](https://mielderlaw.com/blog/tag/probate-filing-fee/)
- [probate inventory fee](https://mielderlaw.com/blog/tag/probate-inventory-fee/)
- [ambiguity](https://mielderlaw.com/blog/tag/ambiguity/)
- [extrinsic evidence](https://mielderlaw.com/blog/tag/extrinsic-evidence/)
- [plain english](https://mielderlaw.com/blog/tag/plain-english/)
- [terms of art](https://mielderlaw.com/blog/tag/terms-of-art/)
- [Department of Labor Fiduciary Rules](https://mielderlaw.com/blog/tag/department-of-labor-fiduciary-rules/)
- [Michigan ABLE Accounts](https://mielderlaw.com/blog/tag/michigan-able-accounts/)
- [Nursing Home Discharge](https://mielderlaw.com/blog/tag/nursing-home-discharge/)
- [State Long Term Care Ombudsman](https://mielderlaw.com/blog/tag/state-long-term-care-ombudsman/)
- [domestic asset protection trust; self-settled asset protection trusts;](https://mielderlaw.com/blog/tag/domestic-asset-protection-trust-self-settled-asset-protection-trusts/)
- [special needs trusts; special needs trust fairness act; medicaid annuities](https://mielderlaw.com/blog/tag/special-needs-trusts-special-needs-trust-fairness-act-medicaid-annuities/)
- [Medicaid block grants](https://mielderlaw.com/blog/tag/medicaid-block-grants/)
- [MCR 5.117(A)](https://mielderlaw.com/blog/tag/mcr-5-117a/)
- [frivolous lawsuits](https://mielderlaw.com/blog/tag/frivolous-lawsuits/)
- [frivolous probate litigation](https://mielderlaw.com/blog/tag/frivolous-probate-litigation/)
- [MCL 600.2591](https://mielderlaw.com/blog/tag/mcl-600-2591/)
- [MCR 2.114](https://mielderlaw.com/blog/tag/mcr-2-114/)
- [arbitration clause in attorney fee agreement](https://mielderlaw.com/blog/tag/arbitration-clause-in-attorney-fee-agreement/)
- [convenience acccount](https://mielderlaw.com/blog/tag/convenience-acccount/)
- [joint credit union acccount](https://mielderlaw.com/blog/tag/joint-credit-union-acccount/)
- [survivorship rights in joint credit union accounts](https://mielderlaw.com/blog/tag/survivorship-rights-in-joint-credit-union-accounts/)
- [Lichtenberg Financial Decision-Making Rating Scale](https://mielderlaw.com/blog/tag/lichtenberg-financial-decision-making-rating-scale/)
- [Vulnerable Older Adults](https://mielderlaw.com/blog/tag/vulnerable-older-adults/)
- [hardship exception](https://mielderlaw.com/blog/tag/hardship-exception/)
- [Medicaid planning](https://mielderlaw.com/blog/tag/medicaid-planning/)
- [MCL 600.6023](https://mielderlaw.com/blog/tag/mcl-600-6023/)
- [patient pay amount](https://mielderlaw.com/blog/tag/patient-pay-amount/)
- [testamentary capacuty](https://mielderlaw.com/blog/tag/testamentary-capacuty/)
- [Michigan estate recovery](https://mielderlaw.com/blog/tag/michigan-estate-recovery/)
- [civil action in probate court](https://mielderlaw.com/blog/tag/civil-action-in-probate-court/)
- [sanctions](https://mielderlaw.com/blog/tag/sanctions/)
- [guardian removal](https://mielderlaw.com/blog/tag/guardian-removal/)
- [guardian suitability](https://mielderlaw.com/blog/tag/guardian-suitability/)
- [MCL 700.5310](https://mielderlaw.com/blog/tag/mcl-700-5310/)
- [conservatorship necessity](https://mielderlaw.com/blog/tag/conservatorship-necessity/)
- [conservatorship priority](https://mielderlaw.com/blog/tag/conservatorship-priority/)
- [MCL 700.5409](https://mielderlaw.com/blog/tag/mcl-700-5409/)
- [anti-lapse statute](https://mielderlaw.com/blog/tag/anti-lapse-statute/)
- [MCL 700.2693](https://mielderlaw.com/blog/tag/mcl-700-2693/)
- [share and share alike](https://mielderlaw.com/blog/tag/share-and-share-alike/)
- [capacity to make a trust](https://mielderlaw.com/blog/tag/capacity-to-make-a-trust/)
- [lay witness testimony](https://mielderlaw.com/blog/tag/lay-witness-testimony/)
- [Michigan POST forms](https://mielderlaw.com/blog/tag/michigan-post-forms/)
- [POLST form Michigan](https://mielderlaw.com/blog/tag/polst-form-michigan/)
- [POST form](https://mielderlaw.com/blog/tag/post-form/)
- [lost will](https://mielderlaw.com/blog/tag/lost-will/)
- [mcl 700.3402](https://mielderlaw.com/blog/tag/mcl-700-3402/)
- [mcl 700.3407](https://mielderlaw.com/blog/tag/mcl-700-3407/)
- [Medicaid trust](https://mielderlaw.com/blog/tag/medicaid-trust/)
- [SBO trust](https://mielderlaw.com/blog/tag/sbo-trust/)
- [solely for benefit trust](https://mielderlaw.com/blog/tag/solely-for-benefit-trust/)
- [house in trust and homeowner's insurance](https://mielderlaw.com/blog/tag/house-in-trust-and-homeowners-insurance/)
- [exempt property allowance](https://mielderlaw.com/blog/tag/exempt-property-allowance/)
- [Medicaid patient pay amount](https://mielderlaw.com/blog/tag/medicaid-patient-pay-amount/)
- [Medicaid spousal protections](https://mielderlaw.com/blog/tag/medicaid-spousal-protections/)
- [priority of appointment](https://mielderlaw.com/blog/tag/priority-of-appointment/)
- [house in trust and PRE](https://mielderlaw.com/blog/tag/house-in-trust-and-pre/)
- [personal residence exclusion](https://mielderlaw.com/blog/tag/personal-residence-exclusion/)
- [electronic will](https://mielderlaw.com/blog/tag/electronic-will/)
- [Medicaid divestment](https://mielderlaw.com/blog/tag/medicaid-divestment/)
- [MIChoice Waiver](https://mielderlaw.com/blog/tag/michoice-waiver/)
- [MCL 700.2801](https://mielderlaw.com/blog/tag/mcl-700-2801/)
- [surviving spouse](https://mielderlaw.com/blog/tag/surviving-spouse/)
- [willfully absent](https://mielderlaw.com/blog/tag/willfully-absent/)
- [standing to contest trust](https://mielderlaw.com/blog/tag/standing-to-contest-trust/)
- [standing to sue trustee](https://mielderlaw.com/blog/tag/standing-to-sue-trustee/)
- [trust litigation](https://mielderlaw.com/blog/tag/trust-litigation/)
- [in terrorem clause](https://mielderlaw.com/blog/tag/in-terrorem-clause/)
- [Michigan no contest clause](https://mielderlaw.com/blog/tag/michigan-no-contest-clause/)
- [Michigan terror clause](https://mielderlaw.com/blog/tag/michigan-terror-clause/)
- [Divestment for VA benefits](https://mielderlaw.com/blog/tag/divestment-for-va-benefits/)
- [Divestnebt Rules for Aid and Attendance](https://mielderlaw.com/blog/tag/divestnebt-rules-for-aid-and-attendance/)
- [Homestead exclusion VA](https://mielderlaw.com/blog/tag/homestead-exclusion-va/)
- [Homstead exclusion Aid an Attendance](https://mielderlaw.com/blog/tag/homstead-exclusion-aid-an-attendance/)
- [Exempt homestead](https://mielderlaw.com/blog/tag/exempt-homestead/)
- [Directed Trustee](https://mielderlaw.com/blog/tag/directed-trustee/)
- [Separate Trustee](https://mielderlaw.com/blog/tag/separate-trustee/)
- [fiduciary relationship and undue influence](https://mielderlaw.com/blog/tag/fiduciary-relationship-and-undue-influence/)
- [presumption of undue influence](https://mielderlaw.com/blog/tag/presumption-of-undue-influence/)
- [family exploitation](https://mielderlaw.com/blog/tag/family-exploitation/)
- [Divided Trustee](https://mielderlaw.com/blog/tag/divided-trustee/)
- [MI-POST](https://mielderlaw.com/blog/tag/mi-post/)
- [Michigan Physician's Order of Scope of Treatment](https://mielderlaw.com/blog/tag/michigan-physicians-order-of-scope-of-treatment/)
- [Physician's Oder of Scope of Treatment](https://mielderlaw.com/blog/tag/physicians-oder-of-scope-of-treatment/)
- [MCL 330.1536](https://mielderlaw.com/blog/tag/mcl-330-1536/)
- [civil and criminal contempt](https://mielderlaw.com/blog/tag/civil-and-criminal-contempt/)
- [benefciary designation](https://mielderlaw.com/blog/tag/benefciary-designation/)
- [MCL 700.7604](https://mielderlaw.com/blog/tag/mcl-700-7604/)
- [social isolation](https://mielderlaw.com/blog/tag/social-isolation/)
- [COVID in nursing home](https://mielderlaw.com/blog/tag/covid-in-nursing-home/)
- [remote witnessing](https://mielderlaw.com/blog/tag/remote-witnessing/)
- [COVID in nursing home; COVID and long term care](https://mielderlaw.com/blog/tag/covid-in-nursing-home-covid-and-long-term-care/)
- [COVID in long term care](https://mielderlaw.com/blog/tag/covid-in-long-term-care/)
- [COVID in nursing homes](https://mielderlaw.com/blog/tag/covid-in-nursing-homes/)
- [Hegadorn](https://mielderlaw.com/blog/tag/hegadorn/)
- [household goods Medicaid](https://mielderlaw.com/blog/tag/household-goods-medicaid/)
- [Ernscie Augustin](https://mielderlaw.com/blog/tag/ernscie-augustin/)
- [Daniel Hilker](https://mielderlaw.com/blog/tag/daniel-hilker/)
- [Susan Chalgian](https://mielderlaw.com/blog/tag/susan-chalgian/)
- [Valerie Kutz-Otway](https://mielderlaw.com/blog/tag/valerie-kutz-otway/)
- [Fred Rolf](https://mielderlaw.com/blog/tag/fred-rolf/)
- [Ann Campau](https://mielderlaw.com/blog/tag/ann-campau/)
- [James Spica](https://mielderlaw.com/blog/tag/james-spica/)
- [John Bos](https://mielderlaw.com/blog/tag/john-bos/)
- [Joe Weiler](https://mielderlaw.com/blog/tag/joe-weiler/)
- [Elizabeth Graziano](https://mielderlaw.com/blog/tag/elizabeth-graziano/)
- [nursing home cameras](https://mielderlaw.com/blog/tag/nursing-home-cameras/)
- [res judicata](https://mielderlaw.com/blog/tag/res-judicata/)
- [collateral estoppel](https://mielderlaw.com/blog/tag/collateral-estoppel/)
- [taxable costs](https://mielderlaw.com/blog/tag/taxable-costs/)
- [grandparent visitation](https://mielderlaw.com/blog/tag/grandparent-visitation/)
- [referral fees](https://mielderlaw.com/blog/tag/referral-fees/)
- [medicaid exempt vehicle](https://mielderlaw.com/blog/tag/medicaid-exempt-vehicle/)
- [leave to appeal](https://mielderlaw.com/blog/tag/leave-to-appeal/)
- [uniform power of attorney act](https://mielderlaw.com/blog/tag/uniform-power-of-attorney-act/)

## Events Tags

- [special needs](https://mielderlaw.com/events/tags/special-needs/)

## Event Categories

- [Estate Planning](https://mielderlaw.com/events/categories/estate-planning/)
- [Special Needs Planning](https://mielderlaw.com/events/categories/special-needs-planning/)
- [Elder Law](https://mielderlaw.com/events/categories/elder-law/)
- [Financial Exploitation](https://mielderlaw.com/events/categories/financial-exploitation/)
- [Guardianships](https://mielderlaw.com/events/categories/guardianships/)
- [Medicaid / VA](https://mielderlaw.com/events/categories/medicaid-va/)
- [Litigation](https://mielderlaw.com/events/categories/litigation/)
- [Financial Exploitation](https://mielderlaw.com/events/categories/financial-exploitation-litigation-2/)
- [Guardianships](https://mielderlaw.com/events/categories/guardianships-litigation-2/)
- [Professionals](https://mielderlaw.com/events/categories/professionals/)
- [CE Program](https://mielderlaw.com/events/categories/ce-program/)
- [Virtual Programs](https://mielderlaw.com/events/categories/virtual-programs/)
- [Grand Opening](https://mielderlaw.com/events/categories/grand-opening/)

## Category

- [Awards](https://mielderlaw.com/in-the-news-categories/awards/)
- [News](https://mielderlaw.com/in-the-news-categories/news/)

## Category

- [September 2018](https://mielderlaw.com/newsletters-categories/september-2018/)
- [November 2017](https://mielderlaw.com/newsletters-categories/november-2017/)
- [April 2019](https://mielderlaw.com/newsletters-categories/april-2019/)
- [October 2019](https://mielderlaw.com/newsletters-categories/oct-2019/)
- [April 2020](https://mielderlaw.com/newsletters-categories/april-2020/)
- [May 2020](https://mielderlaw.com/newsletters-categories/may-2020/)
- [September 2020](https://mielderlaw.com/newsletters-categories/september-2020/)
- [November 2020](https://mielderlaw.com/newsletters-categories/november-2020/)
- [February 2021](https://mielderlaw.com/newsletters-categories/february-2021/)
- [December 2021](https://mielderlaw.com/newsletters-categories/december-2021/)
- [March 2022](https://mielderlaw.com/newsletters-categories/march-2022/)
- [May 2022](https://mielderlaw.com/newsletters-categories/may-2022/)

## Category

- [Cases, Statutes and Court Rules](https://mielderlaw.com/plan-to-be-100-category/cases-statutes-and-court-rules/)
- [EPIC](https://mielderlaw.com/plan-to-be-100-category/epic/)
- [Litigation and Financial Exploitation](https://mielderlaw.com/plan-to-be-100-category/litigation-and-financial-exploitation/)
- [Financial Exploitation](https://mielderlaw.com/plan-to-be-100-category/financial-exploitation/)
- [Government Benefits](https://mielderlaw.com/plan-to-be-100-category/government-benefits/)
- [Medicaid](https://mielderlaw.com/plan-to-be-100-category/medicaid/)
- [Estate Planning](https://mielderlaw.com/plan-to-be-100-category/estate-planning/)
- [Power of Attorneys](https://mielderlaw.com/plan-to-be-100-category/power-of-attorneys/)
- [Power of Attorneys](https://mielderlaw.com/plan-to-be-100-category/power-of-attorneys-cases-statutes-and-court-rules/)
- [Capacity](https://mielderlaw.com/plan-to-be-100-category/capacity/)
- [Cases](https://mielderlaw.com/plan-to-be-100-category/cases/)
- [Wills and Trusts](https://mielderlaw.com/plan-to-be-100-category/wills-and-trusts/)
- [Terror Clause](https://mielderlaw.com/plan-to-be-100-category/terror-clause/)
- [Wills and Trusts](https://mielderlaw.com/plan-to-be-100-category/wills-and-trusts-litigation-and-financial-exploitation/)
- [Terror Clause](https://mielderlaw.com/plan-to-be-100-category/terror-clause-wills-and-trusts-litigation-and-financial-exploitation/)
- [Undue Influence](https://mielderlaw.com/plan-to-be-100-category/undue-influence/)
- [Vulnerable Adults](https://mielderlaw.com/plan-to-be-100-category/vulnerable-adults/)
- [Financial Exploitation](https://mielderlaw.com/plan-to-be-100-category/financial-exploitation-vulnerable-adults/)
- [Asset Protection](https://mielderlaw.com/plan-to-be-100-category/asset-protection/)
- [Medicare](https://mielderlaw.com/plan-to-be-100-category/medicare/)
- [Special Needs Planning](https://mielderlaw.com/plan-to-be-100-category/special-needs-planning/)
- [Aging Issues](https://mielderlaw.com/plan-to-be-100-category/aging-issues/)
- [Estate Administration](https://mielderlaw.com/plan-to-be-100-category/estate-administration/)
- [Creditor Rights](https://mielderlaw.com/plan-to-be-100-category/creditor-rights/)
- [Marriage](https://mielderlaw.com/plan-to-be-100-category/marriage/)
- [Guardianship](https://mielderlaw.com/plan-to-be-100-category/guardianship/)
- [Guardianship and Protected Persons](https://mielderlaw.com/plan-to-be-100-category/guardianship-and-protected-persons/)
- [Veterans Benefits](https://mielderlaw.com/plan-to-be-100-category/veterans-benefits/)
- [Divestment](https://mielderlaw.com/plan-to-be-100-category/divestment/)
- [Attorney - Client Relationship](https://mielderlaw.com/plan-to-be-100-category/attorney-client-relationship/)
- [End of Life](https://mielderlaw.com/plan-to-be-100-category/end-of-life/)
- [End of Life](https://mielderlaw.com/plan-to-be-100-category/end-of-life-litigation-and-financial-exploitation/)
- [Estate Recovery](https://mielderlaw.com/plan-to-be-100-category/estate-recovery/)
- [Social Security](https://mielderlaw.com/plan-to-be-100-category/social-security/)
- [Trust Code](https://mielderlaw.com/plan-to-be-100-category/trust-code/)
- [Uncategorized](https://mielderlaw.com/plan-to-be-100-category/uncategorized/)
- [Taxes](https://mielderlaw.com/plan-to-be-100-category/taxes/)
- [Spousal Protections](https://mielderlaw.com/plan-to-be-100-category/spousal-protections/)
- [Conservatorship](https://mielderlaw.com/plan-to-be-100-category/conservatorship/)
- [Fiduciaries](https://mielderlaw.com/plan-to-be-100-category/fiduciaries/)
- [Appeals Michigan Court of Appeals](https://mielderlaw.com/plan-to-be-100-category/appeals-michigan-court-of-appeals/)
- [Long Term Care Insurance](https://mielderlaw.com/plan-to-be-100-category/long-term-care-insurance/)
- [Power of Attorneys](https://mielderlaw.com/plan-to-be-100-category/power-of-attorneys-litigation-and-financial-exploitation/)
- [care giving](https://mielderlaw.com/plan-to-be-100-category/care-giving/)
- [Protected Persons](https://mielderlaw.com/plan-to-be-100-category/protected-persons/)
- [Attorneys Fees](https://mielderlaw.com/plan-to-be-100-category/attorneys-fees/)
- [Capacity to Retain Counsel](https://mielderlaw.com/plan-to-be-100-category/capacity-to-retain-counsel/)
- [pet trusts](https://mielderlaw.com/plan-to-be-100-category/pet-trusts/)
- [Discovery](https://mielderlaw.com/plan-to-be-100-category/discovery/)
- [PACE](https://mielderlaw.com/plan-to-be-100-category/pace/)
- [Waiver](https://mielderlaw.com/plan-to-be-100-category/waiver/)
- [Patient Advocate Designation](https://mielderlaw.com/plan-to-be-100-category/patient-advocate-designation/)
- [Court Rules](https://mielderlaw.com/plan-to-be-100-category/court-rules/)
- [Joint Accounts](https://mielderlaw.com/plan-to-be-100-category/joint-accounts/)
- [Hospice](https://mielderlaw.com/plan-to-be-100-category/hospice/)
- [asset protection trusts](https://mielderlaw.com/plan-to-be-100-category/asset-protection-trusts/)
- [Sanctions](https://mielderlaw.com/plan-to-be-100-category/sanctions/)
- [Mediation](https://mielderlaw.com/plan-to-be-100-category/mediation/)
- [probate court jurisdiction](https://mielderlaw.com/plan-to-be-100-category/probate-court-jurisdiction/)
- [lost will](https://mielderlaw.com/plan-to-be-100-category/lost-will/)
- [Allowances](https://mielderlaw.com/plan-to-be-100-category/allowances/)
- [Settlement Agreements](https://mielderlaw.com/plan-to-be-100-category/settlement-agreements/)
- [Appointment of PR](https://mielderlaw.com/plan-to-be-100-category/appointment-of-pr/)
- [Nursing Homes](https://mielderlaw.com/plan-to-be-100-category/nursing-homes/)
- [continuing care contracts](https://mielderlaw.com/plan-to-be-100-category/continuing-care-contracts/)
- [Expert Witness](https://mielderlaw.com/plan-to-be-100-category/expert-witness/)
- [presumption of undue influence](https://mielderlaw.com/plan-to-be-100-category/presumption-of-undue-influence/)
- [Exempt Assets](https://mielderlaw.com/plan-to-be-100-category/exempt-assets/)
- [Homestead](https://mielderlaw.com/plan-to-be-100-category/homestead/)
- [Constructive Trust](https://mielderlaw.com/plan-to-be-100-category/constructive-trust/)
- [Summary Disposition](https://mielderlaw.com/plan-to-be-100-category/summary-disposition/)
- [Contempt](https://mielderlaw.com/plan-to-be-100-category/contempt/)
- [Ambiguity](https://mielderlaw.com/plan-to-be-100-category/ambiguity/)
- [statute of limitations](https://mielderlaw.com/plan-to-be-100-category/statute-of-limitations/)
- [Real Property](https://mielderlaw.com/plan-to-be-100-category/real-property/)
- [charitable giving](https://mielderlaw.com/plan-to-be-100-category/charitable-giving/)
- [Medicaid Planning](https://mielderlaw.com/plan-to-be-100-category/medicaid-planning/)
- [promissory notes](https://mielderlaw.com/plan-to-be-100-category/promissory-notes/)
- [Bridges Eligibility Manual](https://mielderlaw.com/plan-to-be-100-category/bridges-eligibility-manual/)
- [writing](https://mielderlaw.com/plan-to-be-100-category/writing/)
- [forgery](https://mielderlaw.com/plan-to-be-100-category/forgery/)
- [Trust Termination](https://mielderlaw.com/plan-to-be-100-category/trust-termination/)
- [priority of appointment](https://mielderlaw.com/plan-to-be-100-category/priority-of-appointment/)
- [Household Goods Medicaid](https://mielderlaw.com/plan-to-be-100-category/household-goods-medicaid/)
- [Minor Guardianship](https://mielderlaw.com/plan-to-be-100-category/minor-guardianship/)
- [mental illness](https://mielderlaw.com/plan-to-be-100-category/mental-illness/)
- [laches](https://mielderlaw.com/plan-to-be-100-category/laches/)
- [power of appointment](https://mielderlaw.com/plan-to-be-100-category/power-of-appointment/)
- [Unconscionable](https://mielderlaw.com/plan-to-be-100-category/unconscionable/)
- [Surviving Spouse](https://mielderlaw.com/plan-to-be-100-category/surviving-spouse/)
- [stepchild](https://mielderlaw.com/plan-to-be-100-category/stepchild/)
- [next friend](https://mielderlaw.com/plan-to-be-100-category/next-friend/)
- [Paternity](https://mielderlaw.com/plan-to-be-100-category/paternity/)
- [Income](https://mielderlaw.com/plan-to-be-100-category/income/)
- [Construction of Will or Trust](https://mielderlaw.com/plan-to-be-100-category/construction-of-will-or-trust/)
- [Administrative Appeals](https://mielderlaw.com/plan-to-be-100-category/administrative-appeals/)
- [Psychiatric Committment](https://mielderlaw.com/plan-to-be-100-category/psychiatric-committment/)
- [Doctrine of Ademption](https://mielderlaw.com/plan-to-be-100-category/doctrine-of-ademption/)
- [Beneficiary Designation](https://mielderlaw.com/plan-to-be-100-category/beneficiary-designation/)
- [Tortious Interference with Inheritance](https://mielderlaw.com/plan-to-be-100-category/tortious-interference-with-inheritance/)
- [Deeds](https://mielderlaw.com/plan-to-be-100-category/deeds/)
- [Accountings](https://mielderlaw.com/plan-to-be-100-category/accountings/)
- [Ladybird Deed](https://mielderlaw.com/plan-to-be-100-category/ladybird-deed/)
- [Family Loans](https://mielderlaw.com/plan-to-be-100-category/family-loans/)
- [statute of frauds](https://mielderlaw.com/plan-to-be-100-category/statute-of-frauds/)
- [Estoppel](https://mielderlaw.com/plan-to-be-100-category/estoppel/)
- [wrongful death](https://mielderlaw.com/plan-to-be-100-category/wrongful-death/)
- [ESI](https://mielderlaw.com/plan-to-be-100-category/esi/)
- [breach of fiduciary duty](https://mielderlaw.com/plan-to-be-100-category/breach-of-fiduciary-duty/)
- [Funerals and Cemeteries](https://mielderlaw.com/plan-to-be-100-category/funerals-and-cemeteries/)
- [Mistake](https://mielderlaw.com/plan-to-be-100-category/mistake/)
- [Standing](https://mielderlaw.com/plan-to-be-100-category/standing/)
- [Family Cottage](https://mielderlaw.com/plan-to-be-100-category/family-cottage/)
- [Taxes](https://mielderlaw.com/plan-to-be-100-category/taxes-cases-statutes-and-court-rules/)
- [Property taxes](https://mielderlaw.com/plan-to-be-100-category/property-taxes/)
- [Uncapping](https://mielderlaw.com/plan-to-be-100-category/uncapping/)
- [ladybird deeds](https://mielderlaw.com/plan-to-be-100-category/ladybird-deeds/)
- [Parental Rights](https://mielderlaw.com/plan-to-be-100-category/parental-rights/)
- [assisted suicide](https://mielderlaw.com/plan-to-be-100-category/assisted-suicide/)
- [secret trust](https://mielderlaw.com/plan-to-be-100-category/secret-trust/)
- [foreign trusts](https://mielderlaw.com/plan-to-be-100-category/foreign-trusts/)
- [MTC](https://mielderlaw.com/plan-to-be-100-category/mtc/)
- [Equity](https://mielderlaw.com/plan-to-be-100-category/equity/)
- [Conversion](https://mielderlaw.com/plan-to-be-100-category/conversion/)
- [treble damages](https://mielderlaw.com/plan-to-be-100-category/treble-damages/)
- [protective orders](https://mielderlaw.com/plan-to-be-100-category/protective-orders/)
- [Estate Tax](https://mielderlaw.com/plan-to-be-100-category/estate-tax/)
- [Adult Protective Services](https://mielderlaw.com/plan-to-be-100-category/adult-protective-services/)
- [700.2503](https://mielderlaw.com/plan-to-be-100-category/700-2503/)
- [Venue](https://mielderlaw.com/plan-to-be-100-category/venue/)
- [Guardianship - Mental Health Code](https://mielderlaw.com/plan-to-be-100-category/guardianship-mental-health-code/)
- [Mental Health Code](https://mielderlaw.com/plan-to-be-100-category/mental-health-code/)
- [RICO](https://mielderlaw.com/plan-to-be-100-category/rico/)
- [Contempt](https://mielderlaw.com/plan-to-be-100-category/contempt-2/)
- [Standard of Review](https://mielderlaw.com/plan-to-be-100-category/standard-of-review/)
- [abuse of discretion](https://mielderlaw.com/plan-to-be-100-category/abuse-of-discretion/)