Appellate Deadlines Suspended
By Doug Chalgian on March 27, 2020
We previously noted that deadlines for filing actions in Michigan's trial courts had been tolled. Thursday, the Michigan Supreme Court issued another order, this one suspending all deadlines...
House Sale by Ignorant Agent Not Fraud
By Doug Chalgian on February 21, 2020
Parents are demented and residing in an assisted living. POA child arranges to sell their house. Buyers find rodents and other allegedly undisclosed defects and sue for damages....
Court Transcript Isn’t a Will or Oral Trust
By Doug Chalgian on February 12, 2020
In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...
Ramble On Rowdy Ron
By Doug Chalgian on December 31, 2019
It’s the end of the year, a good time to take stock of where we are and where we’re going. In this story, Mary meets Ron late in...
Promises v Reality in the World of Charitable Giving
By Doug Chalgian on November 22, 2019
It’s not just basketball and football programs that have allowed our largest institutions of higher education to become so wealthy. As development officers at these institutions know, college...
Ed’s Coin Flip
By Doug Chalgian on October 24, 2019
In this unpublished decision, the story goes that Ed and his Dad collected coins together. Dad died. Dad’s will said something like: Any assets, such as coins, that...
Drafting Trap Proves Litigator’s Life Line
By Doug Chalgian on August 2, 2019
The Michigan Trust Code provides for a fairly strict statute of limitations to contest the validity of a trust agreement that “was revocable at the settlor's death.” Most...
Probate Appeals: By the Numbers
By Doug Chalgian on July 19, 2019
If you like statistics, you might find this interesting. With the assistance of a law clerk, we cataloged every case appealed from a probate court between June 1,...
Expressions of Intent: Admissible but Insufficient
By Doug Chalgian on July 5, 2019
Dad holds family meeting before he dies, and says he wants everything to go equally to his six children. He specifically indicates that this includes all assets controlled...
Judge Jails Trustee/P.R.
By Doug Chalgian on June 26, 2019
A new unpublished case offers a helpful refresher on contempt proceedings in the context of trust and estate administration. “Vera” was removed as co-trustee and co-personal representative of...
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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. |