Federal Preemption Limits Probate Court’s Authority over Social Security Benefits
By Doug Chalgian on June 27, 2022
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...
Michipremes Do Right in Kermath
By Doug Chalgian on June 17, 2022
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...
Michipremes Release Von Greiff
By Doug Chalgian on June 11, 2022
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)....
Published Opinion Remembers Dower
By Doug Chalgian on June 5, 2022
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...
COA Rescues DIY Deed Drafter
By Doug Chalgian on May 31, 2022
In this unpublished opinion, a caregiver child adds a parent to the title to her duplex in order to avoid a duplicate garbage fee.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...
COA Makes Miraculous Medicaid Turnaround
By Doug Chalgian on May 28, 2022
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 Issues Misguided Opinion on Medicaid Planning
By Doug Chalgian on May 22, 2022
In the end, the only thing that matters about this case is that it is unpublished.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...
Lessons from Logan
By Doug Chalgian on May 9, 2022
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...
COA Labors to Defeat Joint Account Claim
By Doug Chalgian on April 27, 2022
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. ...
Ademption Doesn’t Apply to Cash Gifts
By Doug Chalgian on April 24, 2022
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....
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About The Author: Doug ChalgianI am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution. |