Grandparent Visitation Rules Unaltered by Minor Guardianship
By Doug Chalgian on May 17, 2021
In this published opinion, Parent 1 dies. Parent 2 has drug issues. The Department of Health and Human Services successfully petitions for a minor guardianship to be...
Published Case Addresses Terminating an Adult Guardian
By Doug Chalgian on May 17, 2021
The case of In Re Guardianship of Roderick Gordon is about an effort to terminate an adult guardianship established under EPIC. The ward petitioned to have the...
In the Weeds on Sanctions and Costs
By Doug Chalgian on May 15, 2021
In Re Raymond E. VanDamme Irrevocable Trust 10/22/13 arises out of a trust contest case decided by a jury. The parties contesting the validity of the trust...
Kids Face Laches for Failing to Read Mom’s Trust
By Doug Chalgian on April 23, 2021
Really interesting facts. Important topic. Well thought out opinion. Plus a persuasive dissent. What more do you want from the Michigan Court of Appeals? In In Re...
The Sure Thing
By Doug Chalgian on March 27, 2021
There are no sure things in life. As we see in the case of In Re Estate of Joseph Verga, that statement holds true in the realm of...
Slippery PR gets Squeezed in Jurisdictional Crevice
By Doug Chalgian on March 11, 2021
In Mitan v Farmington Square Condo Association (click on the name to read the case) odd issues and odd facts drive an Oakland County Circuit Court and...
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...
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A new unpublished case looks at how to construe a clearly ambiguous codicil when extrinsic evidence fails to enlighten the court as to the testator’s intent.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...
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....
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Two new unpublished cases from the Court of Appeals deal with Roberta Asplund and her malcontent child Randall.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...
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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. |