A Winter’s Tale
By Doug Chalgian on December 23, 2022
Throw another log on the fire and get comfortable. It’s going to take a minute to explain this case. Act I Evelyn’s Will includes several hundreds of...
COA Distinguishes Beneficiary Classes under MTC
By Doug Chalgian on November 19, 2022
In this recently released unpublished decision, the Michigan Court of Appeals identifies four types of persons who are entitled to information about trust administration under the Michigan...
Patient Advocate Removed for Advocating
By Doug Chalgian on November 16, 2022
In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating...
Published Case Lets Bank Trustee Off the Hook
By Doug Chalgian on October 21, 2022
The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches. When such a...
Deed Case Feels Like Law School Question
By Doug Chalgian on October 18, 2022
This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own...
COA Endorses Guardian Delegation in Published Opinion
By Doug Chalgian on October 15, 2022
This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a...
COA puts Finer Point on Probate Jurisdiction
By Doug Chalgian on August 17, 2022
In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that...
“Tortious Interference with an Inheritance” Fails in Unpublished Decision
By Doug Chalgian on August 3, 2022
In Biondo v Shellenbarger (click on the name to read the case) Appellants are children cut out by their parents’ wills. Appellee is the child who received the...
Medicaid Planners Consider Move to Circuit Court
By Doug Chalgian on July 31, 2022
Over the years I’ve written about many appellate cases which began when an attorney went to court to engage in Medicaid planning. Almost all of those cases...
Beneficiary Designation Dispute Elevates Contract over Intent
By Doug Chalgian on July 25, 2022
Omari owned several life insurance policies on his own life. He established beneficiary designations on those policies, giving the death benefit proceeds to various people. Later he...
- Aging Issues
- Appeals Michigan Court of Appeals
- Asset Protection
- care giving
- Cases, Statutes and Court Rules
- Estate Administration
- Estate Planning
- Government Benefits
- Household Goods Medicaid
- Litigation and Financial Exploitation
- Attorney – Client Relationship
- Attorneys Fees
- Beneficiary Designation
- breach of fiduciary duty
- Capacity to Retain Counsel
- Construction of Will or Trust
- Constructive Trust
- End of Life
- Expert Witness
- Financial Exploitation
- Guardianship and Protected Persons
- Joint Accounts
- Power of Attorneys
- probate court jurisdiction
- Settlement Agreements
- statute of frauds
- statute of limitations
- Summary Disposition
- Tortious Interference with Inheritance
- Trust Termination
- Undue Influence
- Wills and Trusts
- wrongful death
- Long Term Care Insurance
- mental illness
- Minor Guardianship
- Nursing Homes
- Real Property
- Special Needs Planning
- Vulnerable Adults