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In an unpublished opinion, the Court of Appeals concludes that despite the fact that Malrey Beetris Collier testified in open court that her two children would share equally...

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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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Ramble On Rowdy Ron

By Doug Chalgian on December 31, 2019

It’s the end of the year, a good time to take stock of where we are and where we’re going. In this story, Mary meets Ron late in...

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Michigan’s New Discovery Rules Part 5

By Doug Chalgian on September 20, 2019

Conclusions and Impressions 1.  Upping Your Game The impact of these new rules can hardly be overstated. Those who dabble in litigation will need to think seriously about...

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Michigan’s New Discovery Rules Part 4

By Doug Chalgian on September 19, 2019

In addition to the limitations imposed by the definition of the scope of discovery, the new rules specifically limit certain discovery tools, and more thoroughly address the discoverability...

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Michigan’s New Discovery Rules Part 3

By Doug Chalgian on September 17, 2019

Required Disclosure The changes to the scope of discovery are dramatic; but the impact of those changes pales in comparison to the new rules regarding required disclosures. What...

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Michigan’s New Discovery Rules Part 2

By Doug Chalgian on September 17, 2019

Proceeding or Civil Action The distinction between a “probate proceeding” versus a “civil action” which happens to be initiated in a probate court, remains unaltered. MCR 5.101. For...

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Michigan’s New Discovery Rules Part 1

By Doug Chalgian on September 16, 2019

Litigation of all types will soon be more complicated and more expensive, probate litigation included. This development comes about because of the extensive revisions to the Michigan Court...

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Drafting Trap Proves Litigator’s Life Line

By Doug Chalgian on August 2, 2019

The Michigan Trust Code provides for a fairly strict statute of limitations to contest the validity of a trust agreement that “was revocable at the settlor's death.”  Most...

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Published Opinion Clarifies Joint Account Rights

By Doug Chalgian on July 16, 2019

This case was handled by our firm:  Chalgian and Tripp.  We represented the Appellant at trial an in the Court of Appeals. This case clarifies a heretofore confusing...

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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.