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...

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coin toss

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In this unpublished decision, the story goes that Ed and his Dad collected coins together.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...

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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...

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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,...

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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...

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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A new unpublished case offers a helpful refresher on contempt proceedings in the context of trust and estate administration.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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New Medicaid Case Revisits Spousal Income Diversion

By Doug Chalgian on June 21, 2019

A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...

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A Corktown Hotch Potch

By Doug Chalgian on March 15, 2019

UPDATE:  The case of In Re Monier Khalil Living Trust was first published March 12, 2019.  For reasons I do not fully understand, the Court of Appeals granted...

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Reflections from a Costly Goose Chase

By Doug Chalgian on March 3, 2019

The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...

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Litigation Strategies Part IX: Six pages of: “You Lose”

By Doug Chalgian on February 24, 2019

I was reading an unpublished court of appeals opinion the other day. It was six pages long and pretty much every part of it could be summarized as:...

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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.