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...

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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...

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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...

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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...

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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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...

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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 It’s unpublished, but addresses an issue that comes up not infrequently.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...

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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...

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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...

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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. ...

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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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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.