COA Distinguishes Beneficiary Classes under MTC

By Doug Chalgian on November 19, 2022

  In this recently released unpublished decision, the Michigan Court of Appeals identifies four types of persons who are entitled to information about trust administration under the Michigan...

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Patient Advocate Removed for Advocating

By Doug Chalgian on November 16, 2022

  In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating...

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Published Case Lets Bank Trustee Off the Hook

By Doug Chalgian on October 21, 2022

  The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches.  When such a...

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Deed Case Feels Like Law School Question

By Doug Chalgian on October 18, 2022

  This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own...

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COA Endorses Guardian Delegation in Published Opinion

By Doug Chalgian on October 15, 2022

This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a...

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COA puts Finer Point on Probate Jurisdiction

By Doug Chalgian on August 17, 2022

  In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that...

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“Tortious Interference with an Inheritance” Fails in Unpublished Decision

By Doug Chalgian on August 3, 2022

In Biondo v Shellenbarger (click on the name to read the case) Appellants are children cut out by their parents’ wills.  Appellee is the child who received the...

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Medicaid Planners Consider Move to Circuit Court

By Doug Chalgian on July 31, 2022

  Over the years I’ve written about many appellate cases which began when an attorney went to court to engage in Medicaid planning.  Almost all of those cases...

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Beneficiary Designation Dispute Elevates Contract over Intent

By Doug Chalgian on July 25, 2022

  Omari owned several life insurance policies on his own life.  He established beneficiary designations on those policies, giving the death benefit proceeds to various people.  Later he...

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Court Terminates Irrevocable Trust when Circumstances Change

By Doug Chalgian on July 16, 2022

Talonda was injured in a car accident as a child.  An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal...

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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.