Medicaid Planning with Protective Orders on Life Support

By Doug Chalgian on January 20, 2024

  There’s a new case from the Michigan Court of Appeals involving the use of protective orders in probate court to establish an elevated protected spousal amount and...

Read More ›

Probate Jurisdiction nets Ladybird Deed in Will and Trust Contest

By Doug Chalgian on December 22, 2023

  A jury trial was held in a probate court on the validity of the various estate planning documents, including a will, a trust and a ladybird deed. ...

Read More ›

Big Medicaid Win (but not for LTC)

By Doug Chalgian on December 10, 2023

  While most of the readers of this blog have some interest in cases involving Medicaid funded in-home care services; as elder law attorneys, most of us think...

Read More ›

Bad Actor Tagged Twice

By Doug Chalgian on December 3, 2023

  The Players Brohl is an old man in a senior living complex.  Until shortly before his death, he had about $233,000 in the bank.  He’s dead now...

Read More ›

COA Upholds Family Cottage Uncapping in Published Case

By Doug Chalgian on November 22, 2023

  In the seemingly endless debate about how to best plan for multi-generational management of a family cottage, there are several schools of thought.  Some planners promote using...

Read More ›

COA Locates Law for PR Removal

By Doug Chalgian on October 25, 2023

  Parent dies leaving no surviving spouse and two kids:  Amos and Rita. A year after Parent dies, Rita applies to open an intestate estate and have herself...

Read More ›

COA addresses Capacity to Execute Deed

By Doug Chalgian on October 23, 2023

  Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a...

Read More ›

Devo Theory Falls Short

By Doug Chalgian on September 30, 2023

  The story goes: Child is living in Parent’s house prior to Parent’s death, and continues to do so for an extended period thereafter. At some point after...

Read More ›

Trigger Cases

By Doug Chalgian on August 26, 2023

  This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding....

Read More ›

Be Still My Beating Heart

By Doug Chalgian on July 30, 2023

  In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...

Read More ›

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.