Ademption Doesn’t Apply to Cash Gifts

By Doug Chalgian on April 24, 2022

  You wonder sometimes what people are thinking when they argue cases that seem like obvious losers, and even more so when these cases go up on appeal....

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Copy of 706 is Reasonable Request of Trust Beneficiary

By Doug Chalgian on January 30, 2022

  In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...

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Privacy Rights Thwart Paternity Claim

By Doug Chalgian on January 22, 2022

  This is a published decision about DNA and paternity.  In short, when someone wants to establish their biological relationship to a dead person, the scope of individuals...

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“Contingent Claim” is Timely Filed

By Doug Chalgian on December 26, 2021

  This newly released published opinion looks at a question about when a “claim arises” under MCL 700.3803(2)(b). Parents of a child who died at birth, acting as...

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Bank’s Successor Does Not Have Standing to Serve as PR

By Doug Chalgian on October 16, 2021

  An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....

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COA Harmonizes Intestacy Laws Involving Non-Resident Decedent

By Doug Chalgian on September 18, 2021

  This new published case is about calculating the spousal intestate share in a case where the decedent was not a Michigan resident, but where an estate is...

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COA Addresses Family Loans

By Doug Chalgian on July 22, 2021

  Probate lawyers see this issue all the time.  Family members borrow money from each other, then the ones who made the loans die leaving questions about the...

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Ex Can’t Tie Up Trust Distributions

By Doug Chalgian on June 26, 2021

  A former spouse, actively engaged in post-judgment divorce litigation, can’t stop the trustee of her ex-spouse’s trust from distributing trust assets. Barbara Johnson petitioned the probate court...

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Creditor’s Rights Questions Arise while Winding Up Medical Practice

By Doug Chalgian on March 24, 2021

  Dr. Lewerenz died.  His office manager, acting as the personal representative of his estate, wound up his medical practice (a single member LLC).  In the course of...

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Fun with Scrivener’s Error, Collateral Estoppel and Res Judicata

By Doug Chalgian on March 20, 2021

  This unpublished opinion explores the differences between res judicata and collateral estoppel, while touching on the limits to using an affidavit of scrivener’s error to clear title...

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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.