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...

Read More ›

COA Says Don’t “Hyperanalyze” Confusing Codicil

By Doug Chalgian on February 27, 2021

  A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent. In...

Read More ›

Lack of Diligence in Discovery Justifies MSD

By Doug Chalgian on February 20, 2021

Two siblings each petition to have a different version of Mom’s Will admitted.  Through their respective attorneys, Bruce offers the 2007 Will and Jennifer offers a 2018 Will....

Read More ›

Two from the Asplund Clan

By Doug Chalgian on November 26, 2020

Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall. Roberta is subject to both a guardianship and conservatorship.  At...

Read More ›

AFCs Not Protected by Med Mal Law

By Doug Chalgian on October 24, 2020

In a published opinion, the Michigan Court of Appeals announced that the law that shields many types of care facilities from ordinary negligence actions, by deeming them subject...

Read More ›

Missing the Snuggle Time

By Doug Chalgian on May 29, 2020

I’ve participated in a few court hearings via Zoom and had my first contested Zoom hearing this week. I understand the plan is for us to return to...

Read More ›

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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...

Read More ›

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...

Read More ›

Tall Tales and Back Woods Justice

By Doug Chalgian on May 2, 2020

This new unpublished decision from the Court of Appeals comes out of Ogemaw County. Ogemaw is a small out-of-the-way county, with a lot of rivers and trees. Right...

Read More ›

And In Other News

By Doug Chalgian on April 25, 2020

Let’s take a break from COVID things and look at a new published opinion out of Marquette and an unpublished opinion from Mt. Clemens. Getting Greiff over Erwin...

Read More ›

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.