Immunity Protects Testimony in Guardianship Proceedings

By Doug Chalgian on September 25, 2021

This published case arises out of a circuit court action, but relates to the testimony and pleadings of parties to an adult guardianship case.  Click here to read...

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Unconscionable = Another Arrow

By Doug Chalgian on September 7, 2021

  A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation. In In Re Conservatorship of Blossom...

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God Bless the “American Rule”

By Doug Chalgian on June 27, 2021

  Somewhere in Wayne County, a demented homeowner falls behind on her mortgage payments.  Mortgage company (unaware of the homeowner’s cognitive condition) follows the usual and appropriate procedures...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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.