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  An unpublished Court of Appeals decision out of Otsego County may have bank trust departments all over Michigan squirming, and one bank regretting the decision to appeal....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  This unpublished opinion explores the differences between res judicata and collateral estoppel, while touching on the limits to using an affidavit of scrivener’s error to clear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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Slippery PR gets Squeezed in Jurisdictional Crevice

By Doug Chalgian on March 11, 2021

  In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and...

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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...

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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...

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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...

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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.