COA Dives into Temporary Fiduciaries
By Doug Chalgian on May 30, 2023
I would be going too far to say that this recently released Court of Appeals opinion is one of the most important cases of the year. But...
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...
Another Stop at the Last Resort
By Doug Chalgian on May 18, 2020
Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision. To read In Re Guardianship and Conservatorship...
Great Facts and Experts Can’t Survive Summary
By Doug Chalgian on November 22, 2018
An unpublished opinion today that looks at the question of when expert opinions are sufficient to create a question of fact, versus when they remain mere speculation; in...
By Doug Chalgian on September 21, 2017
Here’s another important published opinion on the topic of adult guardianships. The case is about the removal of a guardian of an adult ward appointed under EPIC. The case...
Remainder Beneficiary of Revocable Trust has Standing to Sue Trustee for Breach
By Doug Chalgian on September 14, 2017
UPDATE: On June 8, 2018, the Michigan Supreme Court vacated those portions of this decision that incorrectly construed the Michigan Trust Code provisions related to standing to initiate a trust...
Civil Actions versus Proceedings in Probate Court
By Doug Chalgian on August 10, 2017
When starting a new litigation matter in probate court, a threshold issue is to determine whether the matter should be characterized as a probate “proceeding” or a “civil...
By Doug Chalgian on January 9, 2016
If someone wanted to capture the essence of elder law litigation in a nutshell, they might be inclined to echo the words of the poet: “Oh what tangled webs...
This Is Awkward
By Doug Chalgian on October 11, 2015
New published Court of Appeals opinion. Click here to read it. Lawyer prepares an estate plan for client (and purported friend). The estate plan leaves most of the...
By Doug Chalgian on September 13, 2015
So we have a new published opinion on a probate court case – something unusual these days. In Re Conservatorship of Shirley Bittner was published September 8, 2015. ...
- Aging Issues
- Appeals Michigan Court of Appeals
- Asset Protection
- care giving
- Cases, Statutes and Court Rules
- Estate Administration
- Estate Planning
- Government Benefits
- Household Goods Medicaid
- Litigation and Financial Exploitation
- Attorney – Client Relationship
- Attorneys Fees
- Beneficiary Designation
- breach of fiduciary duty
- Capacity to Retain Counsel
- Construction of Will or Trust
- Constructive Trust
- End of Life
- Expert Witness
- Financial Exploitation
- Guardianship and Protected Persons
- Joint Accounts
- Power of Attorneys
- probate court jurisdiction
- Settlement Agreements
- statute of frauds
- statute of limitations
- Summary Disposition
- Tortious Interference with Inheritance
- Trust Termination
- Undue Influence
- Wills and Trusts
- wrongful death
- Long Term Care Insurance
- mental illness
- Minor Guardianship
- Nursing Homes
- Real Property
- Special Needs Planning
- Vulnerable Adults