Guardian has Right to Proper Removal

By Doug Chalgian on February 3, 2024

  Appellant is appointed co-plenary guardian over her developmentally disabled child. During a review hearing at which Appellant was not present, the Court heard from various witnesses, as...

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Dead Control Freak Gets His Way

By Doug Chalgian on January 30, 2024

  Appellant is a one-quarter (25%) beneficiary of her parents’ joint trust.  But after Mom dies, Dad amends the trust to say that she only gets the gift...

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Bad Actor Tagged Twice

By Doug Chalgian on December 3, 2023

  The Players Brohl is an old man in a senior living complex.  Until shortly before his death, he had about $233,000 in the bank.  He’s dead now...

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COA addresses Capacity to Execute Deed

By Doug Chalgian on October 23, 2023

  Anna signed deed conveying an interest in real property to Alvin. Anna’s child contests the deed on the theory that Anna lacked sufficient capacity to execute a...

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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....

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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...

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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  In a truly amazing (albeit unpublished) opinion from the Michigan Court of Appeals, two members of one COA panel jump all over a trial judge for engaging...

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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,...

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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  In this newly released unpublished opinion, the Michigan Court of Appeals reverses the trial judge for dismissing an undue influence case without giving the contesting party notice...

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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”...

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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.