COA Labors to Defeat Joint Account Claim
By Doug Chalgian on April 27, 2022
Eldon and Constance divorce in 1992. Eldon dies in 2020 never having removed Constance’s name from a joint bank account. When they divorced, the account held $1,481.00. ...
Lewis and the Little Lady
By Doug Chalgian on January 23, 2022
It’s a situation many of us have seen before: one spouse (typically the wife) signs papers she doesn’t understand, putting marital property into a trust set up...
Credit Union Cluster Costs Kid
By Doug Chalgian on December 29, 2021
Spouse A owns an account at credit union. On a certain date, Spouse A and Spouse B complete a form titled “application” in order to make Spouse...
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...
Published Opinion Clarifies Joint Account Rights
By Doug Chalgian on July 16, 2019
This case was handled by our firm: Chalgian and Tripp. We represented the Appellant at trial an in the Court of Appeals. This case clarifies a heretofore...
Credit Union Joint Account Cases Messier Yet
By Doug Chalgian on March 25, 2017
In Podolak v Podolak (click on name to read case) two brothers fight over funds in a credit union account that was joint between Dad and just one of...
Meaty Morris Matter Unfortunately Unpublished
By Doug Chalgian on September 3, 2016
The Court of Appeals recently released its opinion in the Estate of Stanley Morris. Click on the name to read the case. There’s a lot here, and a...
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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. |