Lewis and the Little Lady
By Doug Chalgian on January 23, 2022
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...
Privacy Rights Thwart Paternity Claim
By Doug Chalgian on January 22, 2022
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...
Credit Union Cluster Costs Kid
By Doug Chalgian on December 29, 2021
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...
“Contingent Claim” is Timely Filed
By Doug Chalgian on December 26, 2021
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...
Stepchild Inheritance Blocked by EPIC in Published Opinion
By Doug Chalgian on December 18, 2021
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...
Moose Lodge Marriage Buries Litigants
By Doug Chalgian on November 7, 2021
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...
Bank’s Successor Does Not Have Standing to Serve as PR
By Doug Chalgian on October 16, 2021
An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....
Immunity Protects Testimony in Guardianship Proceedings
By Doug Chalgian on September 25, 2021
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...
COA Harmonizes Intestacy Laws Involving Non-Resident Decedent
By Doug Chalgian on September 18, 2021
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...
Unconscionable = Another Arrow
By Doug Chalgian on September 7, 2021
A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation.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...
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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. |