COA addresses Capacity to Execute Deed
By Doug Chalgian on October 23, 2023
Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a...
Trigger Cases
By Doug Chalgian on August 26, 2023
This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding....
I Got COA – L for Christmas
By Doug Chalgian on December 25, 2022
So, I took this case just to handle the appeal. I wasn’t involved in the lower court actions, and they were a mess. What attracted me was...
Moose Lodge Marriage Buries Litigants
By Doug Chalgian on November 7, 2021
In the last few weeks of Lynden’s life, he was heavily medicated and receiving hospice care. Notwithstanding, he showed up for his marriage at the Moose Lodge...
The Sure Thing
By Doug Chalgian on March 27, 2021
There are no sure things in life. As we see in the case of In Re Estate of Joseph Verga, that statement holds true in the realm of...
New Article on Exploitation Cases
By Doug Chalgian on February 21, 2019
I mentioned this article in a prior post. Something I wrote that was published in this month's Michigan Bar Journal. If you haven't seen it, and want to...
Capacity Case Illustrates Witness Weight
By Doug Chalgian on February 18, 2019
This unpublished opinion provides an opportunity to discuss the types of witnesses that are often involved in lack of capacity and undue influence cases, and how they...
Test of Capacity is a Function of Complexity
By Doug Chalgian on December 1, 2018
Party A argued that because a person executed a financial power of attorney and patient advocate designation in June of 2013, the trial court should have found that...
Medical Experts Carry Conservatorship Case
By Doug Chalgian on December 2, 2016
Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak. Congrats to my colleague Valerie Kutz-Otway for her successful advocacy...
Litigation Strategies Part VII: The Hands that Rock the Cradle
By Doug Chalgian on March 12, 2016
Petitions, motions, discovery. It all matters. But when it comes to winning the guardianship/conservatorship case, there is an additional element – managing the court-appointed players. Specifically, the guardian...
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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. |