Surviving Spouse Escapes Trust Box – COA Puts Him Back
By Doug Chalgian on March 28, 2023
The challenge when planning for second marriages where each of them has children from prior relationships is that the client has to decide how it will go...
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...
Another Deed in the Drawer goes Bad
By Doug Chalgian on January 13, 2023
Husband and Wife own homestead as tenants by entireties. Prior to leaving for a trip, they execute a deed conveying their homestead to themselves as co-trustees of...
Deed Case Feels Like Law School Question
By Doug Chalgian on October 18, 2022
This is one of those law school question cases, mostly real property law but with a probate twist. Here we go: The Deeds A and B own...
COA Rescues DIY Deed Drafter
By Doug Chalgian on May 31, 2022
In this unpublished opinion, a caregiver child adds a parent to the title to her duplex in order to avoid a duplicate garbage fee. She does so...
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....
Kids Face Laches for Failing to Read Mom’s Trust
By Doug Chalgian on April 23, 2021
Really interesting facts. Important topic. Well thought out opinion. Plus a persuasive dissent. What more do you want from the Michigan Court of Appeals? In In Re...
On the Brink
By Doug Chalgian on December 9, 2020
NOTE: THE LEGISLATION DISCUSSED BELOW DID NOT MAKE IT OUT OF THE SENATE AND DID NOT BECOME LAW. Michigan might be on the brink of allowing for...
Burned by the Boilerplate
By Doug Chalgian on August 2, 2020
A rainy Sunday morning. No better time to write. And since it appears to be raining pretty much everywhere in Michigan this morning, maybe a longish ramble about...
ILIT Survives Termination Attempt
By Doug Chalgian on May 17, 2020
[This post involves tax planning concepts and jargon. Some readers might benefit from a refresher on these topics before diving in. I’ve attempted to provide that refresher at...
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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. |