Patient Advocate Removed for Advocating

By Doug Chalgian on November 16, 2022

  In In re Guardianship of Tyler J. Newland (click on the name to read the case), a patient advocate for a vulnerable adult is removed for advocating...

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Published Case Lets Bank Trustee Off the Hook

By Doug Chalgian on October 21, 2022

  The Michigan Trust Code allows a Trustee to protect itself by providing reports (aka accountings) that adequately notify the beneficiaries of any potential breaches.  When such a...

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COA Endorses Guardian Delegation in Published Opinion

By Doug Chalgian on October 15, 2022

This published opinion arises out of a dispute between an insurance company and a professional guardian but implicates the important question of what it means to be a...

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COA puts Finer Point on Probate Jurisdiction

By Doug Chalgian on August 17, 2022

  In In Re Guardianship of Ronald William Layton, initial petitions for guardianship and conservatorship are filed alleging that Mr. Layton is cognitively impaired to the extent that...

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“Tortious Interference with an Inheritance” Fails in Unpublished Decision

By Doug Chalgian on August 3, 2022

In Biondo v Shellenbarger (click on the name to read the case) Appellants are children cut out by their parents’ wills.  Appellee is the child who received the...

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Beneficiary Designation Dispute Elevates Contract over Intent

By Doug Chalgian on July 25, 2022

  Omari owned several life insurance policies on his own life.  He established beneficiary designations on those policies, giving the death benefit proceeds to various people.  Later he...

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Court Terminates Irrevocable Trust when Circumstances Change

By Doug Chalgian on July 16, 2022

Talonda was injured in a car accident as a child.  An irrevocable Medicaid payback trust (aka “d4A Trust”) was established to hold the funds recovered from a personal...

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Lessons from Logan

By Doug Chalgian on May 9, 2022

  This case involves the reasonableness of the legal fees incurred by a bank trustee in managing a special needs trust.  The case offers food for discussion on...

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COA Labors to Defeat Joint Account Claim

By Doug Chalgian on April 27, 2022

  Eldon and Constance divorce in 1992. Eldon dies in 2020 never having removed Constance’s name from a joint bank account. When they divorced, the account held $1,481.00. ...

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COA Explains Leave to Amend

By Doug Chalgian on March 23, 2022

  This post is about when a litigant can amend their pleadings, and specifically, the meaning of the phrase: “Leave shall be freely given when justice so requires”...

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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.