Published Opinion Clarifies Burden of Proof for Breach

By Doug Chalgian on March 5, 2021

  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...

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COA Says Don’t “Hyperanalyze” Confusing Codicil

By Doug Chalgian on February 27, 2021

  A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent.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...

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Lack of Diligence in Discovery Justifies MSD

By Doug Chalgian on February 20, 2021

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....

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COA Delivers Lump of Coal to Medicaid Planners

By Doug Chalgian on December 18, 2020

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...

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Two from the Asplund Clan

By Doug Chalgian on November 26, 2020

Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...

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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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