COA Addresses Family Loans
By Doug Chalgian on July 22, 2021
Probate lawyers see this issue all the time. Family members borrow money from each other, then the ones who made the loans die leaving questions about the...
COA Fixes Deed Case
By Doug Chalgian on July 4, 2021
Two years ago, in an unpublished decision, the Michigan Court of Appeals held that a trust could hold real property as a joint tenant with rights of...
MSC Tackles Attorney Referral Fees
By Doug Chalgian on June 29, 2021
We (that is, the law firm of Chalgian and Tripp) pay a lot of referral fees to our colleagues – and our colleagues provide our firm with...
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...
Ex Can’t Tie Up Trust Distributions
By Doug Chalgian on June 26, 2021
A former spouse, actively engaged in post-judgment divorce litigation, can’t stop the trustee of her ex-spouse’s trust from distributing trust assets. Barbara Johnson petitioned the probate court...
Grandparent Visitation Rules Unaltered by Minor Guardianship
By Doug Chalgian on May 17, 2021
In this published opinion, Parent 1 dies. Parent 2 has drug issues. The Department of Health and Human Services successfully petitions for a minor guardianship to be...
Published Case Addresses Terminating an Adult Guardian
By Doug Chalgian on May 17, 2021
The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the...
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...
Kids Face Laches for Failing to Read Mom’s Trust
By Doug Chalgian on April 23, 2021
Really interesting facts. Important topic. Well thought out opinion. Plus a persuasive dissent. What more do you want from the Michigan Court of Appeals? In In Re...
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...
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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. |