6th Circuit says Trust on Hook for Millions
By Doug Chalgian on November 17, 2019
Larry is the settlor of a revocable Trust. Larry personally guarantees a loan for hundreds of millions of dollars, and signs the guarantee individually and as trustee of...
Judge Jails Trustee/P.R.
By Doug Chalgian on June 26, 2019
A new unpublished case offers a helpful refresher on contempt proceedings in the context of trust and estate administration. “Vera” was removed as co-trustee and co-personal representative of...
Opinion puts Fees of Former PR’s (and their Attorneys) at Risk
By Doug Chalgian on October 27, 2018
If you are a lawyer who handles probate estate administration, you will want to take note of this unpublished Court of Appeals opinion. The gravamen of this decision...
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 It’s unpublished, but addresses an issue that comes up not infrequently.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...
Michipremes Ponder the Space between Absent and Divorced
By Doug Chalgian on August 1, 2018
The Michigan Supreme Court has ventured back into probate law, this time to explain the rules for determining what it takes to prove that one spouse was “willfully...
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...
Fighting Over Rosa Parks’ Coat
By Doug Chalgian on March 22, 2018
The Michigan Court of Appeals released what will presumably be the final statement on litigation involving the estate of Rosa Parks, the deceased civil rights icon who died...
No Love for Contingency Contractor
By Doug Chalgian on March 15, 2018
In the combined cases of In Re Estate of Lujan and In Re Estate of Gulick (click on name to read opinion), the Court of Appeals upholds the...
A Hat Trick and a Bonus Medicaid Update
By Doug Chalgian on July 22, 2017
It’s been awhile since there’s been something to write about. So when the Court of Appeals came out with three unpublished opinions on probate matters, I figured I...
Uncapping Triggered by Date of Settlor’s Death
By Doug Chalgian on March 9, 2017
Cottage in Grand Traverse County is held in revocable trust. Settlor dies in August 2014. Township uncaps property taxes for 2015 – which is the calendar year following...
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About The Author: Doug ChalgianI 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. |