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A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation.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...
Asset Division in a Deathbed Divorce
By Doug Chalgian on August 15, 2021
After 30 years of marriage, Judy and Robert called it quits. Throughout the divorce trial, Judy was near death and was represented by a guardian/conservator. After the...
COA Addresses Family Loans
By Doug Chalgian on July 22, 2021
Probate lawyers see this issue all the time. Family members borrow money from each other, then the ones who made the loans die leaving questions about the...
COA Fixes Deed Case
By Doug Chalgian on July 4, 2021
Two years ago, in an unpublished decision, the Michigan Court of Appeals held that a trust could hold real property as a joint tenant with rights of...
God Bless the “American Rule”
By Doug Chalgian on June 27, 2021
Somewhere in Wayne County, a demented homeowner falls behind on her mortgage payments. Mortgage company (unaware of the homeowner’s cognitive condition) follows the usual and appropriate procedures...
Ex Can’t Tie Up Trust Distributions
By Doug Chalgian on June 26, 2021
A former spouse, actively engaged in post-judgment divorce litigation, can’t stop the trustee of her ex-spouse’s trust from distributing trust assets. Barbara Johnson petitioned the probate court...
Grandparent Visitation Rules Unaltered by Minor Guardianship
By Doug Chalgian on May 17, 2021
In this published opinion, Parent 1 dies. Parent 2 has drug issues. The Department of Health and Human Services successfully petitions for a minor guardianship to be...
Published Case Addresses Terminating an Adult Guardian
By Doug Chalgian on May 17, 2021
The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the...
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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. |