Lessons from Logan
By Doug Chalgian on May 9, 2022
This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust. The case offers food for discussion on...
Judge Rips Lawyers and Gets Reversed (but not removed)
By Doug Chalgian on February 26, 2022
There probably are some legal points to glean from this unpublished opinion, like maybe it’s not ok for a probate judge to disband a trust out of...
God Bless the “American Rule”
By Doug Chalgian on June 27, 2021
Somewhere in Wayne County, a demented homeowner falls behind on her mortgage payments. Mortgage company (unaware of the homeowner’s cognitive condition) follows the usual and appropriate procedures...
In the Weeds on Sanctions and Costs
By Doug Chalgian on May 15, 2021
In Re Raymond E. VanDamme Irrevocable Trust 10/22/13 arises out of a trust contest case decided by a jury. The parties contesting the validity of the trust...
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The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...
Prolonged Fees Fight Offers Lessons and Concerns
By Doug Chalgian on August 29, 2017
Cases about legal fees are always curious, and who pays whose legal fees is almost always an issue in probate litigation. This new unpublished Court of Appeals opinion...
Playing the Sanctions Game in Probate Court
By Doug Chalgian on February 19, 2017
The Court of Appeals recently issued an unpublished opinion in three combined appeals all relating to the Estate of Robert Winfield Cederquist (click here to read the opinion). ...
Playing with Knives
By Doug Chalgian on December 6, 2015
There’s a saying among litigators. It goes like this: Lawyers play with knives but never get cut. The idea (or image) is two lawyers facing each other holding...
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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. |