“This is not a final order” … or is it?

By Doug Chalgian on June 24, 2024

  There’s an important lesson in this recently released opinion from the Michigan Court of Appeals, a lesson about when to file a claim of appeal in probate...

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More Privacy in 2024

By Doug Chalgian on December 16, 2023

  If you’re as old as me, it is unfathomable how “un-private” the world has become.  But at least the SCAO is making sure Michigan probate court files...

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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,...

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Discovery Deviousness leads to Dismissal

By Doug Chalgian on March 18, 2023

  Although, In Re Gregory Hall Trust is a published decision arising out of trust litigation, the case is really about discovery sanctions. [Click on the name to...

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COA Explains Leave to Amend

By Doug Chalgian on March 23, 2022

  This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...

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COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist

By Doug Chalgian on January 18, 2022

In this recently released unpublished opinion, Spouse A is conservator over Spouse B.  Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...

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Strict Adherence to MCR 5.120 Required

By Doug Chalgian on April 12, 2020

MCR 5.120 is an important, often underused, tool to help litigants settle contested probate matters. One of the difficulties with settling probate cases is that you often have...

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Michigan’s New Discovery Rules Part 5

By Doug Chalgian on September 20, 2019

Conclusions and Impressions 1.  Upping Your Game The impact of these new rules can hardly be overstated. Those who dabble in litigation will need to think seriously about...

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Michigan’s New Discovery Rules Part 4

By Doug Chalgian on September 19, 2019

In addition to the limitations imposed by the definition of the scope of discovery, the new rules specifically limit certain discovery tools, and more thoroughly address the discoverability...

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Michigan’s New Discovery Rules Part 3

By Doug Chalgian on September 17, 2019

Required Disclosure The changes to the scope of discovery are dramatic; but the impact of those changes pales in comparison to the new rules regarding required disclosures. What...

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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.