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In this recently released unpublished opinion, Spouse A is conservator over Spouse B. Niece has herself appointed next friend for Spouse B and initiates a divorce proceeding against...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...
Stepchild Inheritance Blocked by EPIC in Published Opinion
By Doug Chalgian on December 18, 2021
Childless Joseph marries Sally in 1993. Sally comes into the marriage with one child, Katelyn, then aged 8. In 2005 Joseph and Sally prepare estate plans, including Joseph’s...
Moose Lodge Marriage Buries Litigants
By Doug Chalgian on November 7, 2021
In the last few weeks of Lynden’s life, he was heavily medicated and receiving hospice care. Notwithstanding, he showed up for his marriage at the Moose Lodge...
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...
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A recent unpublished opinion from the Court of Appeals reminds us to consider unconscionability in some cases of vulnerable adult exploitation.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...
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...
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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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. |