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...

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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...

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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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Slippery PR gets Squeezed in Jurisdictional Crevice

By Doug Chalgian on March 11, 2021

  In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and...

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Published Opinion Clarifies Burden of Proof for Breach

By Doug Chalgian on March 5, 2021

  The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence.   This is made clear in...

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  A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent.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