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“Tortious Interference with an Inheritance” Fails in Unpublished Decision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...
Court Terminates Irrevocable Trust when Circumstances Change
By Doug Chalgian on July 16, 2022
Talonda was injured in a car accident as a child. An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal...
Federal Preemption Limits Probate Court’s Authority over Social Security Benefits
By Doug Chalgian on June 27, 2022
This post is about a published opinion which looks whether, and to what extent, a probate court can exercise authority over Social Security benefits paid to a...
- Aging Issues
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