Trigger Cases
By Doug Chalgian on August 26, 2023
This is a case in which the probate court determined the validity of an older person’s estate plan in the context of a guardianship and conservatorship proceeding....
When Did We Criminalize Sharing?
By Doug Chalgian on August 6, 2023
I have this case that is making me think (well they all do, but this one maybe moreso). I represent a grandson who took over caring for...
Be Still My Beating Heart
By Doug Chalgian on July 30, 2023
In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...
No Mistake About It
By Doug Chalgian on July 25, 2023
Disinherited Child says: Sure, Mom cut me out of her trust, but that was only because I was going through bankruptcy. Everyone knows, and I can prove,...
Ready Fire Aim
By Doug Chalgian on July 21, 2023
In this newly released unpublished opinion, the Michigan Court of Appeals reverses the trial judge for dismissing an undue influence case without giving the contesting party notice...
COA Spits on Fancy Trust Assignment
By Doug Chalgian on June 24, 2023
What if A creates an irrevocable trust appointing B and C as immediate co-Trustees, and A, B and C all sign a so-called “declaration of trust ownership”...
Deed with Oral Trust Add On Upheld
By Doug Chalgian on June 17, 2023
X deeds real estate to Y with understanding that Y will hold the subject property for the benefit of Z, and convey the property to Z at...
COA Dives into Temporary Fiduciaries
By Doug Chalgian on May 30, 2023
I would be going too far to say that this recently released Court of Appeals opinion is one of the most important cases of the year. But...
Nuances of the Presumption
By Doug Chalgian on May 27, 2023
In this age of exploitation of vulnerable adults, undue influence is often the only legal theory available. It functions (even thrives) in a grey world where weakness,...
A Saturday Twofer
By Doug Chalgian on May 13, 2023
In the cases released by the Michigan Court of Appeals this week, I find two cases that combined provide just enough meat for one juicy nut (aka,...
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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. |