“Immediate Family” Extended
By Doug Chalgian on August 29, 2023
This is a probate case in name only. But, as it comes out of a probate court and because it is published, I feel some obligation to...
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....
Be Still My Beating Heart
By Doug Chalgian on July 30, 2023
In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...
No Mistake About It
By Doug Chalgian on July 25, 2023
Disinherited Child says: Sure, Mom cut me out of her trust, but that was only because I was going through bankruptcy. Everyone knows, and I can prove,...
Ready Fire Aim
By Doug Chalgian on July 21, 2023
In this newly released unpublished opinion, the Michigan Court of Appeals reverses the trial judge for dismissing an undue influence case without giving the contesting party notice...
Corporate Veils and Trust Creditors
By Doug Chalgian on July 13, 2023
In this case we dive into the murky area of creditor rights in Michigan Trust administration, and more specifically, the relationship between creditors of business entities v...
COA Examines Restraints on Alienation
By Doug Chalgian on June 30, 2023
In Re Estate of Virgil F. Hoppert is a published Michigan Court of Appeals decision. And while Hoppert arises out of a probate court decision in a...
COA Spits on Fancy Trust Assignment
By Doug Chalgian on June 24, 2023
What if A creates an irrevocable trust appointing B and C as immediate co-Trustees, and A, B and C all sign a so-called “declaration of trust ownership”...
The Case of the Double Sold Grave
By Doug Chalgian on June 18, 2023
We can only speculate about whether Nathan Gathright felt awkward, curious, or took any interest at all in the fact that a strange woman had been planted...
Deed with Oral Trust Add On Upheld
By Doug Chalgian on June 17, 2023
X deeds real estate to Y with understanding that Y will hold the subject property for the benefit of Z, and convey the property to Z at...
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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. |