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...
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A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent.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...
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....
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...
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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...
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...
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...
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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...
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...
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This new unpublished decision from the Court of Appeals comes out of Ogemaw County.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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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. |