Minor Guardianship v Child Custody

By Doug Chalgian on October 17, 2020

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...

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Burned by the Boilerplate

By Doug Chalgian on August 2, 2020

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...

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Another Stop at the Last Resort

By Doug Chalgian on May 18, 2020

Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...

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ILIT Survives Termination Attempt

By Doug Chalgian on May 17, 2020

[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...

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Tall Tales and Back Woods Justice

By Doug Chalgian on May 2, 2020

This new unpublished decision from the Court of Appeals comes out of Ogemaw County.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...

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And In Other News

By Doug Chalgian on April 25, 2020

Let’s take a break from COVID things and look at a new published opinion out of Marquette and an unpublished opinion from Mt.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...

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Strict Adherence to MCR 5.120 Required

By Doug Chalgian on April 12, 2020

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...

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Appellate Deadlines Suspended

By Doug Chalgian on March 27, 2020

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...

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House Sale by Ignorant Agent Not Fraud

By Doug Chalgian on February 21, 2020

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....

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Court Transcript Isn’t a Will or Oral Trust

By Doug Chalgian on February 12, 2020

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...

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Doug Chalgian

About The Author: Doug Chalgian

I 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.