Published Opinion Clarifies Burden of Proof for Breach
By Doug Chalgian on March 5, 2021
The burden of proof required to surcharge a fiduciary for breach of fiduciary duty in Michigan is a preponderance of the evidence. This is made clear in...
Looking at Financial Exploitation as a Drug Deal
By Doug Chalgian on March 11, 2020
This is admittedly an offbeat post. Take it for what it’s worth. General Concept We are all dopamine addicts. We spend much of our awake lives seeking validation...
Reflections from a Costly Goose Chase
By Doug Chalgian on March 3, 2019
The crux of this unpublished opinion is whether the cost of litigation initiated by a conservator that turns out to be a big waste of money, should be...
New Article on Exploitation Cases
By Doug Chalgian on February 21, 2019
I mentioned this article in a prior post. Something I wrote that was published in this month's Michigan Bar Journal. If you haven't seen it, and want to...
Peter’s Principles and Our Evolving Understanding of Exploitation
By Doug Chalgian on April 18, 2017
I heard Dr. Peter Lichtenberg speak the other day about his research on financial vulnerability in older adults, and more specifically, how and why he developed the Lichtenberg...
Medical Experts Carry Conservatorship Case
By Doug Chalgian on December 2, 2016
Nice analysis in this recent unpublished COA opinion. Click here to read In Re Conservatorship of Stephen Michalak. Congrats to my colleague Valerie Kutz-Otway for her successful advocacy...
Bittner’s Bite
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. ...
Good Guys Win Financial Exploitation Case
By Doug Chalgian on February 6, 2015
Frances and Elizabeth Stafford were sisters in the Bay City area. When Elizabeth died, her trust continued for the benefit of Frances. Frances was a vulnerable adult, physically...
Rebutting Presumption of Undue Influence
By Doug Chalgian on December 20, 2012
It’s over – at least for now. The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older...
Anatomy of a Senior Seminar Scam
By Doug Chalgian on December 20, 2012
When you reach a certain age you begin receiving invitations to "educational seminars." Often bright colored postcards in the mail, sometimes formalistic letters, even advertisements in the local...
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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. |