Seed of Hegadorn Targets SBO Planning
By Doug Chalgian on October 21, 2023
The Michigan Court of Appeals has issued a published decision in the matter of Hegadorn v DHHS (click on the name to read the case). Yes, you've...
Corporate Veils and Trust Creditors
By Doug Chalgian on July 13, 2023
In this case we dive into the murky area of creditor rights in Michigan Trust administration, and more specifically, the relationship between creditors of business entities v...
COA Makes Miraculous Medicaid Turnaround
By Doug Chalgian on May 28, 2022
Last week I posted about a Court of Appeals opinion called In Re Richard Lee Conrad. In that post, I complained that a three-judge panel of the...
COA Issues Misguided Opinion on Medicaid Planning
By Doug Chalgian on May 22, 2022
In the end, the only thing that matters about this case is that it is unpublished. And that’s good. Otherwise, Conrad v Michigan Department of Health and...
Medicaid Modifies Vehicle Exclusion
By Doug Chalgian on October 19, 2021
The Michigan Department of Health and Human Services has decided to update the definition of “vehicle” in the context of its long-term care Medicaid programs. As you...
Notable BEM Changes
By Doug Chalgian on March 2, 2021
This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and...
COA Delivers Lump of Coal to Medicaid Planners
By Doug Chalgian on December 18, 2020
In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective...
SBO Trusts Targeted Again
By Doug Chalgian on June 25, 2020
Yesterday, DHHS released a proposed policy which is summarized as follows: Effective October 1, 2020 all transfers by the applicant or the applicant's spouse to a trust established...
Cautious Optimism Greets MSC Decision on SBO Trusts
By Doug Chalgian on May 10, 2019
The SBO Trust is back – or is it? Yesterday the Michigan Supreme Court released its long awaited decision in the case of Hegadorn v The Department of...
Proposed Policy Promises Problems for Planners
By Doug Chalgian on April 4, 2019
This is a post about Medicaid long term care planning. The topic is a proposed policy change related to the use of promissory notes in Medicaid planning. If...
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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. |