Lessons from Logan
By Doug Chalgian on May 9, 2022
This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust. The case offers food for discussion on...
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. ...
COA Explains Leave to Amend
By Doug Chalgian on March 23, 2022
This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...
Judge Rips Lawyers and Gets Reversed (but not removed)
By Doug Chalgian on February 26, 2022
There probably are some legal points to glean from this unpublished opinion, like maybe it’s not ok for a probate judge to disband a trust out of...
Spouse Drops Pass from Dead Husband
By Doug Chalgian on February 6, 2022
Seems pretty simple. John died. His spouse, Ruth, survived him. John’s Trust says Ruth can withdraw all or some of the assets in the trust following his...
Copy of 706 is Reasonable Request of Trust Beneficiary
By Doug Chalgian on January 30, 2022
In this unpublished opinion, the Court of Appeals seems annoyed and impatient with the childish arguments of a Trustee who is trying to avoid sharing tax information...
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...
COA Contorts Itself to Hold that a Conservator and Next Friend can Coexist
By Doug Chalgian on January 18, 2022
In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...
“F Principle” and Other Things I Say
By Doug Chalgian on January 7, 2022
I’m lucky to be busy – so I get to tell potential clients what I really think of their cases. And what litigation is really like. Some...
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...
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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. |