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...
COA Dives into Temporary Fiduciaries
By Doug Chalgian on May 30, 2023
I would be going too far to say that this recently released Court of Appeals opinion is one of the most important cases of the year. But...
Worst Medicaid Case Ever gets Published
By Doug Chalgian on May 21, 2023
It’s hard to imagine what the lawyer who handled this appeal was thinking. Facts are: In February, Deborah created an irrevocable trust. The terms of the trust...
A Saturday Twofer
By Doug Chalgian on May 13, 2023
In the cases released by the Michigan Court of Appeals this week, I find two cases that combined provide just enough meat for one juicy nut (aka,...
Billy and Bud Buy a Tractor
By Doug Chalgian on April 22, 2023
Billie gave Bud money to buy a tractor. Undisputed. (I’m not making up the names.) Bud dies ten years later and Billie comes to Bud’s estate to...
COA Finds Middle Ground in Farm Family Feud
By Doug Chalgian on April 4, 2023
This is a classic farm family story. If you practice in any rural areas, you’ve probably heard this one before. Dad and Son farm together for decades...
Surviving Spouse Escapes Trust Box – COA Puts Him Back
By Doug Chalgian on March 28, 2023
The challenge when planning for second marriages where each of them has children from prior relationships is that the client has to decide how it will go...
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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. |