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...
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Suitability to serve as guardian and conservator of an impaired adult is the topic of this unpublished Court of Appeals decision.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...
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...
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This new unpublished decision from the Court of Appeals comes out of Ogemaw County.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...
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Let’s take a break from COVID things and look at a new published opinion out of Marquette and an unpublished opinion from Mt.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...
Strict Adherence to MCR 5.120 Required
By Doug Chalgian on April 12, 2020
MCR 5.120 is an important, often underused, tool to help litigants settle contested probate matters. One of the difficulties with settling probate cases is that you often have...
Looking at Financial Exploitation as a Drug Deal
By Doug Chalgian on March 11, 2020
This is admittedly an offbeat post. Take it for what it’s worth. General Concept We are all dopamine addicts. We spend much of our awake lives seeking validation...
House Sale by Ignorant Agent Not Fraud
By Doug Chalgian on February 21, 2020
Parents are demented and residing in an assisted living. POA child arranges to sell their house. Buyers find rodents and other allegedly undisclosed defects and sue for damages....
Court Transcript Isn’t a Will or Oral Trust
By Doug Chalgian on February 12, 2020
In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...
Legislature Creates New Process for Disputes over Visiting Vulnerable Adults
By Doug Chalgian on January 11, 2020
Michigan guardianship law has been amended to allow probate courts to appoint limited guardians to supervise visitations with incapacitated adults. Specifically, a new section MCL 700.5306(6) provides grounds...
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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. |