A Winter’s Tale
By Doug Chalgian on December 23, 2022
Throw another log on the fire and get comfortable. It’s going to take a minute to explain this case. Act I Evelyn’s Will includes several hundreds of...
COA Distinguishes Beneficiary Classes under MTC
By Doug Chalgian on November 19, 2022
In this recently released unpublished decision, the Michigan Court of Appeals identifies four types of persons who are entitled to information about trust administration under the Michigan...
Published Case Lets Bank Trustee Off the Hook
By Doug Chalgian on October 21, 2022
The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches. When such a...
Michipremes Release Von Greiff
By Doug Chalgian on June 11, 2022
The Michigan Supreme Court has released its long-awaited decision in In Re Estate of Hermann A. Von Greiff (click on the name to read the majority opinion)....
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....
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In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...
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...
“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...
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An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....
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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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. |