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  A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent.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...

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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....

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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...

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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...

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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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...

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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...

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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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Another Stop at the Last Resort

By Doug Chalgian on May 18, 2020

Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision. To read In Re Guardianship and Conservatorship...

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ILIT Survives Termination Attempt

By Doug Chalgian on May 17, 2020

[This post involves tax planning concepts and jargon. Some readers might benefit from a refresher on these topics before diving in. I’ve attempted to provide that refresher at...

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And In Other News

By Doug Chalgian on April 25, 2020

Let’s take a break from COVID things and look at a new published opinion out of Marquette and an unpublished opinion from Mt. Clemens. Getting Greiff over Erwin...

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Doug Chalgian

About The Author: Doug Chalgian

I 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.