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...
Slippery PR gets Squeezed in Jurisdictional Crevice
By Doug Chalgian on March 11, 2021
In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and...
Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
COA Says Don’t “Hyperanalyze” Confusing Codicil
By Doug Chalgian on February 27, 2021
A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent. In...
Lack of Diligence in Discovery Justifies MSD
By Doug Chalgian on February 20, 2021
Two siblings each petition to have a different version of Mom’s Will admitted. Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will....
Crowing About David Shaltz
By Doug Chalgian on January 23, 2021
Proud this morning of my friend and colleague David Shaltz for his involvement in an important case out of Minnesota. David isn’t licensed there, but he was allowed...
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...
Two from the Asplund Clan
By Doug Chalgian on November 26, 2020
Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship. At...
Minor Guardianship v Child Custody
By Doug Chalgian on October 17, 2020
Curiously, this weekend’s flock of appellate cases includes two that deal with the intersection of probate court minor guardianship proceedings and circuit court child custody matters. One case...
The Cautionary Tale and Tragic Death of Virginia Kermath
By Doug Chalgian on September 17, 2020
For those of you whose lives are so dull that you neither subscribe to the Chalgian and Tripp newsletter nor read the Michigan Funeral Directors Journal, following is...
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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. |