COA Clarifies Actions Under Section 1205
By Doug Chalgian on February 22, 2023
MCL 700.1205 is a section of EPIC that provides a unique method for discovery. Part 1 of that statute says: (1) The court may order a person...
COA Affirms Conservator’s Ladybird Deed
By Doug Chalgian on January 20, 2023
The important holding in this case is that a conservator can execute a ladybird deed without first asking for court permission. The facts and other nuances of...
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...
Stepchild Inheritance Blocked by EPIC in Published Opinion
By Doug Chalgian on December 18, 2021
Childless Joseph marries Sally in 1993. Sally comes into the marriage with one child, Katelyn, then aged 8. In 2005 Joseph and Sally prepare estate plans, including Joseph’s...
Another Stop at the Last Resort
By Doug Chalgian on May 18, 2020
Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision. To read In Re Guardianship and Conservatorship...
PR Appointment for Estate with No Assets
By Doug Chalgian on October 20, 2018
Here’s a case that’s worth filing away for those who do probate litigation and estate administration. It’s unpublished, but addresses an issue that comes up not infrequently. The...
Medicaid Planners Get Rare Win from COA
By Doug Chalgian on May 23, 2018
The Michigan Court of Appeals has issued an opinion regarding the appropriateness of using probate court protective orders to obtain spousal support orders in situations where such orders...
The Fix Is In
By Doug Chalgian on May 11, 2018
In the process of probate administration, there are certain “allowances” that are paid “off the top” before creditors and beneficiaries get what they have coming. Among those is...
Lost Wills – A Tough Row to Hoe
By Doug Chalgian on February 17, 2018
This juicy little soap opera out of Battle Creek starts where so many of such tales begin: Dad is married but his children are from a prior relationship. ...
Civil Actions versus Proceedings in Probate Court
By Doug Chalgian on August 10, 2017
When starting a new litigation matter in probate court, a threshold issue is to determine whether the matter should be characterized as a probate “proceeding” or a “civil...
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