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...

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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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Puzzling New Medicaid Policy on Homestead Exemption to Take Effect

By Doug Chalgian on January 9, 2019

Heads Up: If Medicaid planning isn’t your bag, you may want to pass on this post. As of February 1, 2019, Bridges Eligibility Manual Item 400 (aka “BEM...

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VA Program Adds Divestment Rules and More

By Doug Chalgian on September 18, 2018

The so-called “Aid and Attendance” pension has become an important source of income for older adults needing long term care services, and an important source of business for...

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MSC Takes Its Shot at Estate Recovery

By Doug Chalgian on August 1, 2017

The Michigan Supreme Court has released an opinion in four combined cases all involving Michigan's Medicaid Estate Recovery Program.  As we've learned from prior posts, the Michigan Court of Appeals...

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Estate Recovery – Last Gasp or Second Wind

By Doug Chalgian on January 11, 2017

Thursday, January 12, the Michigan Supreme Court is scheduled to hear oral arguments in several combined matters all relating to the issue of Medicaid estate recovery. The main...

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Two Happy Notes

By Doug Chalgian on December 8, 2016

On the topic of self-settled special needs trusts (aka Medicaid Pay-Back Trusts; aka D4A Trusts), the “Special Needs Trust Fairness Act” has passed both houses of Congress and...

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Lame Duck Legislature Lays Golden Egg – BIG TIME

By Doug Chalgian on December 3, 2016

DAPT – learn it and love it. Soon it will be all the talk.  Domestic asset protection trusts.  The news is that the Michigan legislature has approved a...

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A Bridge Too Far

By Doug Chalgian on October 19, 2016

When clients come in with really difficult problems, we all try to come up with creative solutions to get them out of the jam. But there is a...

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New Policy undermines LTC Partnership Insurance Benefits

By Doug Chalgian on July 22, 2016

Foolish me. I got excited about the implementation of a long term care insurance partnership program in Michigan, and have written about it here several times. As previously...

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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.