Bank’s Successor Does Not Have Standing to Serve as PR
By Doug Chalgian on October 16, 2021
An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....
Immunity Protects Testimony in Guardianship Proceedings
By Doug Chalgian on September 25, 2021
This published case arises out of a circuit court action, but relates to the testimony and pleadings of parties to an adult guardianship case. Click here to read...
COA Harmonizes Intestacy Laws Involving Non-Resident Decedent
By Doug Chalgian on September 18, 2021
This new published case is about calculating the spousal intestate share in a case where the decedent was not a Michigan resident, but where an estate is...
Unconscionable = Another Arrow
By Doug Chalgian on September 7, 2021
A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation. In In Re Conservatorship of Blossom...
Asset Division in a Deathbed Divorce
By Doug Chalgian on August 15, 2021
After 30 years of marriage, Judy and Robert called it quits. Throughout the divorce trial, Judy was near death and was represented by a guardian/conservator. After the...
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Two years ago, in an unpublished decision, the Michigan Court of Appeals held that a trust could hold real property as a joint tenant with rights of...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...
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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. |